Steen v. Santa Clara Valley Mill & Lumber Co.

Citations

• 145 Cal. 564

Syllabus

<p>Appeal—Order after Judgment—Refusal to Relieve from Default— Failure to Serve Notice in Time—Merits of Appeal.—An order refusing to relieve the appellant corporation from default in failing to servo its notice of intention to move for a new trial within the statutory time is appealable as an order after judgment, and a motion to dismiss an appeal therefrom must be denied. The merits of the appeal cannot be inquired into and determined upon such motion.</p>