Vining

On petition of plaintiff praying that the decision and order of this court, entered on June 17, 1931, (Cal. App.) 300 Pac. 979 , be set aside, and that the judgment of the superior court be affirmed with modifications in accordance with the original decision rendered herein on May 20, 1931.

The said order of June 17th was made in response to a suggestion of counsel for defendants that the appeal of plaintiff from the order denying plaintiff’s motion to vacate the judgment of the court below was an attempted appeal for a nonappealable order. In support of this point counsel for defendants relied upon certain decisions of the courts of appeal which undoubtedly support their contention. In our order of June 17th we followed those decisions on the assumption that if there had been Supreme Court decisions to the contrary they would have been brought to our attention.

Now, on petition filed by plaintiff, we find that it has been directly decided by the Supreme Court in ruling on a motion to dismiss an appeal taken from an order denying a motion to vacate a judgment, which motion was made in accordance with section 663 of the Code of Civil Procedure, that an appeal does lie from an…