Durbrow

The respondent presents this motion to dismiss the appeal in this action from an order setting aside and vacating a judgment entered upon the default of said respondent in failing to answer the complaint within the time required by law after service upon him of the summons and a copy of said complaint.

The notice of motion states that the same “will be made upon affidavit served herewith, and on all the proceedings and pleadings- in this action. ’ ’

The affidavit, in substance, declares that several actions relating to the subject matter of the present action were and are pending in the superior court of Butte County, to wit: Action Ño. 6435, wherein one Joseph L. Wilson is the plaintiff, and one J. P. Chesley is the defendant; action No. 6441, in which one William Durbrow is the plaintiff and said J. P. Chesley is the defendant, and action No. 6442, wherein said J. P. Chesley is the plaintiff and said William Durbrow, said Joseph L. Wilson and one B. F. Johnson are the defendants; that, since the perfection of the present appeal, the said superior court of Butte County “has made an order that the. three said actions be consolidated in one action”; that said order was made on…