Jameson

An appeal by the defendants from an order denying a motion to amend the conclusions of law upon the findings of fact in the above-entitled action and for the entry therein of a different judgment.

Respondent makes the preliminary objections that the order was not appealable, and that the notice of intention to move to vacate the judgment was not given within the time prescribed by section 663a of the Code of Civil Procedure.

As held in the following cases, the order was appealable: California Delta Farms v. Chinese etc. Farms, 201 Cal. 201 [ 255 Pac. 1097 ]; Condon v. Donohue, 160 Cal. 749 [ 118 Pac. 113 ].

The section required that the notice of intention therein provided for should be served and filed within ten days after notice of the entry of judgment. The notice of entry of the judgment and the only notice served was mailed to the attorneys for appellants on November 14, 1924; but, as shown by the record, the judgment in the action was not entered until November 18, 1924. This notice was premature, and therefore ineffectual (North American Dredging Co. v. Outer Harbor etc. Co., 178 Cal. 406 [ 173 Pac. 756 ]; Grimes v. Lamar, 60 Cal. App. 623 [ 213 Pac. 270 ]), and the…