It  is  thus  clear  that  in  the  present  state  of  the  law,  a
judgment  of  nonsuit,  as  distinguished  from  a  judgment
of  dismissal  usually  following  an  order  of  nonsuit,  is
appealable.*    So,  also,  with  reference  to  other  orders  of

0

dismissal,  though  the  code  does  not  carry  this  language
into  the  other  provisions  relating  to  dismissals,  the  effect
of  the  dismissal  can  be  none  other  than  that  specified  in
the  section  just  referred  to,  and  the  order  when  entered
in  the  minute-book  is  in  nature  a  final  judgment,  from
which  an  appeal  may  be  taken.'^

Where  in  an  action  brought  to  have  a  deed  declared
to  be  a  mortgage,  the  court  decrees  that  the  plaintiff  be
barred  of  his  rights  in  the  premises  if  he  does  not  within
a  limited  time  pay  the  balance  due  on  the  mortgage,  a
subsequent  order  dismissing  plaintiff's  action  and  barring
his  equity  of  redemption  for    noncompliance    with   the


4.  Code  Civ.  Proc,  §581;  Brown
▼.  Sterling  Furniture  Co.,  175  Cal.
563,  166  Pac.  32^;  ComminB  v.
Guaranty  OU  Co.,  29  Cal.  App.  139,
154  Pae.  882.    See  Dismissal^  Dis-

OOMTINUAKCB  AND  NONSUIT.
6.  Code   Civ.   Proc,  \  581.
6.  Brown  v.  Sterling  Furniture
Co.,  175  Cal.  563,  166  Pac.  322,  per
Henshaw,  J.;  Gommins  v.  Guaranty
OU  Co.,  29  Cal.  App.  139,  154  Pae.
882.  See  Kimple  v.  Conway,  69
Cal.  71,  10  Pius.  189,  holding  an
order  of  nonsuit  is  not  appealable;
8tebbinfl  v.  Larson,  4  Cal.  App.
482,  88  Pac.  505^  holding  an  order


granting  a  nonsuit  and  ordering  a
judgment  of  nonsuit  is  not  appeal-
able.
7.  Boyer  v.  City  of  Long  Beach
(Cal.  App.),  191  Pac.  35  (dismissal
under  Code  Civ.  Proc,  { 581a) ;
Matthai  v.  Kennedy,  148  Cal.  699,
84  Pac.  37;  Pacific  Paving  Co.  v.
