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174 Cal. 204

Snyder v. Plummer

California Supreme Court

Decided January 11, 1917

California Supreme Court · decided 1917-01-11

<p>Certiorari—Vacation of Judgment—Appeal.—An order vacating a judgment and recalling an execution issued thereon is a special order made after judgment, and appealable as such. Certiorari will not lie to review such order.</p>

Decided 1917-01-11

THE COURT.

¶1In denying the petition for a hearing in this court after decision by the district court of appeal of the third appellate district, we deem it proper to say that the denial is made solely for the reason that the order of the superior court sought to be reviewed is a special order made after final judgment, and is therefore one from which an appeal lies. (Code Civ. Proe., sec. 963.) This being so, certiorari will not lie. (Code Civ. Proc., sec. 1068.)

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