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8 Cal. App. 489

97 P 207

Litch v. O'Connor

California Court of Appeal

Decided July 7, 1908

California Court of Appeal · decided 1908-07-07

<p>APPEAL from a judgment of the Superior Court of Butte County. K. S. Mahan, Judge.</p> <p>The facts are stated in the opinion of the court.</p>

Decided 1908-07-07

THE COURT.

¶1The record in this case is called to our attention by a motion to dismiss the appeal as prematurely *490taken and also as taken from a nonappealable order. The action is to set aside a default entered in a foreclosure proceeding and to have the decree of foreclosure entered therein vacated and declared null and void. The action is clearly in equity.

¶2The appeal is taken directly to this court, whereas by the provisions of section 4, article VI of the constitution, appellate jurisdiction is given to the supreme court. The appeal, however, is not lost, but the same section of the constitution provides that the cause be transferred to the proper court.

¶3It is, therefore, ordered that the cause be transferred to the supreme court.

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