purposes of the case, as completely as it could be under any circumstances. No appeal was taken to this court from the order dismissing the appeal to the district court. We are now asked, on an appeal from another order made in court—the order refusing to vacate the order dismissing the appeal—to review the first order and pass upon its merits. It is obvious that, if the first order is not appealable, the last cannot be, under subdivision 5, supra. Besides, to hold otherwise would be tantamount to saying that this court could take jurisdiction and review a case indirectly in which the statute gives no appeal. This would be beyond the power of this court. The right of appeal is wholly statutory. As we have seen, the order dismissing the appeal was made by the district court. This gives rise to the question whether the supreme court of this state can take jurisdiction on an order of the district court refusing to vacate an appealable order of the district court. This question must be answered in the negative. Henly v. Hastings, 3 Cal. 342; Higgins v. Mahoney, 50 Cal. 446; Holmes v. McCleary, 63 Cal. 497; Larkin v. Larkin, 76 Cal. 323, 18 Pac. Rep. 396. Nor can the time allowed for an appeal be extended by an order refusing to vacate or vacating an appealable order. Thompson v. Lynch 43 Cal. 482; Kittredge v. Stevens, 23 Cal. 283. In what we have said no reference is made to such orders as the district court may, under the statute (§ 4939, Comp. Laws), vacate on a showing that they were made by mistake, inadvertence, or excusable neglect. No such showing was made or attempted in this case. It follows that the appeal to this court attempted to be made in this action must be dismissed. Such will be the order. All concur.
Haxtun Steam Heater Company, Plaintiff and Respondent, v.
Martin L. Gordon, Et. al., Defendants; The Dakota Investment Company, Defendant and Appellant.
Mechanic’s Liens—Priority—Mortgages,
1. Under our mechanic's lien law, a party who furnishes labor and materials which are used in the construction of a building has a lien for the value of such labor and materials upon such building, and the
