Kubli

— The appeals here are from a judgment dismissing the action as to two of the defendants, E. 0. Eobinson and J. Eobinson, for the want of prosecution thereof, and from an order refusing to set aside and vacate that judgment.

It has been decided by the appellate court that it will not take jurisdiction of an appeal from an order refusing to set aside a judgment or order which is itself appealable. (Eureka etc. R. R. Co. v. McGrath, 74 Cal. 51 ; Larkin v. Larkin, 76 Cal. 323 ; Goyhinech v. Goyhinech, 80 Cal. 409 .) The judgment of dismissal in this action was appealable; hence the appeal from the order just mentioned must be dismissed.

From the record it appears that the action was instituted against the defendants here and one Hawkett on the 3d of November, 1883. On the 8th of July, 1885, the default of Hawkett was duly made and entered. After admission of service of summons, the two defendants here concerned filed demurrers to the complaint on the 18th of July, 1885. On the 10th of December, 1888, a motion was made by them to dismiss the action, which upon being heard, upon affidavits on both sides, was granted, and a judgment of dismissal of the action made and entered.

It was…