Stearns v. Marvin , 3 Cal. 376 ( 1853 )

Heydenfeldt, Justice,

delivered the opinion of the court. Murray, Chief Justice, concurred.

In this case no appeal lies from the refusal of the motion made by the plaintiff.

If, as has been held, an appeal lies from an interlocutory order, it should have been taken upon the order setting aside the judgment.

Appeal dismissed.