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23 Cal. 321

Wenborn v. Boston

California Supreme Court

Decided July 1, 1863

California Supreme Court · decided 1863-07-01

<p>Appeal from the District Court, Fourth Judicial District, City and County of San Francisco.</p>

Cited by 2 later decisions — most recently December 1909

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1863-07-01

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Crocker, J.

¶1delivered the opinion of the Court—Cope, C. J. and Norton, J. concurring.

¶2This is an appeal from an order denying a motion for leave to intervene, made by Oalderwood and wife. The respondents contend that no appeal lies from such an order. The appellants reply, that as to them it is a final judgment. Sec. 336 of the Practice Act specifies the cases in which an appeal may be taken, and an order of this kind is not included among them. Nor can it properly be said to be included in the terms “ final judgment,” used in that section. The remedy of the appellants is by an appeal from the final judgment when rendered.

¶3The appeal is dismissed.

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