Gittelson

Respondent claims that an order refusing to set aside judgment and to enter a different judgment on the findings is not appealable.

The notice of motion to vacate judgment, an appeal from the ruling on which is the matter now before this court on appeal, is a somewhat lengthy and somewhat complicated notice of motion, and recites that it is made under the provisions of sections, 663 and 663a of the Code of Civil Procedure. The cases cited by the respondent in his motion to dismiss the appeal were apparent authority for the contention of plaintiff in his motion to dismiss. However, in the later case of Bond v. United Railroads of San Francisco, 159 Cal. 270, 273 [Ann. Cas. 1912C, 50, 48 L. R. A. (N. S.) 687, 113 Pac. 366 ], the court says:

The sole question ruled on by the court in the case of Westlervelt v. McCullough, 64 Cal. App. 362 [ 221 Pac. 661 ], was whether an appeal on the identical grounds stated herein would lie. As to this question they say:

In the amendment to the opinion in the case of Andreoli v. Hodge, 71 Cal. App. 762 [ 236 Pac. 333 ], said amendment appearing on page 766 thereof, the court says:

The motion made in the instant ease in the lower court did…