James v. Center

Citations

• 53 Cal. 31

Syllabus

<p>Dismissal—Counter-claim.— A judgment of dismissal may be entered by the Cleric of a Court, notwithstanding a cross-complaint has been filed, if the cross-complaint does not set up a counter-claim.</p> <p>■ Counter-claim.—A matter that does 'not arise out of the transaction set forth in the complaint, and which is not connected with the subject of the action, does not constitute a counter-claim.</p> <p>Appealable Order.—An order vacating a judgment of dismissal is an appealable order.</p>