Taylor

This is an appeal from an order made after final judgment, denying defendant’s motion made under sections 663 arid 663a of the Code of Civil Procedure, to vacate and set aside the judgment rendered and entered against defendant as not supported by the facts found.

1. The contention of respondent that such order is not appealable is fully answered by the cases of Bond v. United Railroads, 159 Cal. 270 , [Ann. Cas. 1912C, 50, 113 Pac. 366 ], Condon v. Donahue, 160 Cal. 749 , [ 118 Pac. 113 ], and Rahmel v. Lehndorff, 142 Cal. 681 , [ 100 Am. St. Rep. 154 , 65 L. R. A. 88, 76 Pac. 659 ]. The order denying such a motion is one made after final judgment, and is appealable under the provisions of section 963, Code of Civil Procedure.

2. Defendant was sued alone for the alleged conversion of $1,000.

She answered and pleaded in abatement that she “is a married woman, not living separate and apart, or separate or apart, from her husband, and that her husband has not been made a party to this action, ’ ’ and the court found this allegation of her answer to be true, but nevertheless rendered judgment against her as prayed for.

A married woman not living separate and apart from her…