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63 Cal. 186

Macnevin v. Macnevin

California Supreme Court

Decided February 21, 1883

California Supreme Court · decided 1883-02-21

<p>Appealable Obdeb—Judgement. —An order for judgment is not a final judgment, and an order subsequently made cannot be treated as an order made after “final judgment” and appealable as such.</p>

Relies on Hoole v. Kinkead

Good law ✅— No negative treatment on recordhow we know

Decided 1883-02-21

How this case has been cited

Cited by 5 later decisions — most recently March 1939

5 state decisions

20188318901900191019201930decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam.

¶1This was an action for divorce. Pending proceedings in the case, the court below from time to time made orders requiring the defendant to pay to the plaintiff several sums of money for alimony and counsel fees. Those orders were made enforcible by executions, but they were never enforced, and the court after it had heard the cause upon the merits decided in favor of the defendant; and on the 22d of January, 1879, ordered “that plaintiff’s prayer for a decree of divorce be denied, and that defendant have judgment for costs.” After the making of this order, on motion of defendant’s counsel all the orders formerly made granting to the plaintiff alimony and counsel fees were vacated and set aside by an order made by the court on December 15, 1879. From this order the plaintiff appeals as from an order made after final judgment. But there is no final judgment: the record only shows an order for judgment; hence the order of December 15, 1879, is not an order after final judgment, and is not appealable. (Schaeffer v. The French Savings & Loan Society, 7 Pac. C. L. J. 155; Lake v. King, 16 Nev. 217.)

¶2Appeal dismissed.

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