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57 Cal. App. 2d 145

Cecil v. Gallo

California Court of Appeal

Decided February 15, 1943

California Court of Appeal · decided 1943-02-15

Cited by 1 later decisions — most recently April 1955

1 state decisions

Relies on Couch v. McGregor · People Ex Rel. Colorado Bar Ass'n v. McCann · Jordan v. Associated Discount Corp.

Good law ✅— No negative treatment on recordhow we know

Decided 1943-02-15

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THE COURT.

¶1Respondent brings this cause before us by way of motion to dismiss the appeal taken by appellants from an order striking out certain portions of defendants’ answer to plaintiffs’ first amended complaint. The clerk’s *146transcript does not disclose that a final judgment has been entered.

¶2On previous occasions this court has had before it similar questions. See Jordan v. Associated Discount Corp., 10 Cal.App.2d 96 [51 P.2d 1108], and Couch v. McGregor, 19 Cal.App.2d 633 [66 P.2d 159]. We find nothing in the present case to take it out of the well established rule that no appeal lies from such order. (Tedford v. San Diego Electric Ry. Corp., 79 Cal.App. 505 [249 P. 1093]; § 963, Code Civ. Proc.)

¶3Respondent’s motion is granted and the appeal is dismissed.

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