Deletorre

This is an appeal from an order denying a motion to set aside a summary judgment entered upon a bail bond. The bond was executed by this appellant to secure the presence of a certain defendant when wanted for trial in the Superior Court of San Diego County. The bond contained the following paragraph:

The defendant in question not appearing when the case came on for trial on September 2, 1930, the court, on motion, declared the bail bond forfeited. A motion was later filed by this appellant asking for an order setting aside the forfeiture, which motion was denied on January 5, 1931. On January 10, 1931, a summary judgment was entered, based upon the provisions of the bond and the terms of the statutes. On February 10, .1931, this appellant filed a motion to vacate and set aside this summary judgment, which motion, after a hearing, was denied on March 14, 1931. This appeal is from the order denying that motion.

It has been held that judgments of the nature of the one the appellant here seeks to set aside, being consent judgments, are not subject to appeal (People v. Hodges, 205 Cal. 476 [ 271 Pac. 897 ]; People v. Pacific Ind. Co., 114 Cal. App. 563 [ 300 Pac. 46 ]).

In People v.…