This case is before us now on a motion of respondent to dismiss appellant’s appeal from the order of the court below made January 21, 1904, denying appellant’s motion to be relieved from default in not serving within the statutory time its notice of intention to move for a new trial. The order appealed from, being an order made after judgment, is appealable; and its merits cannot be inquired into and determined on this present motion. The motion to dismiss said appeal is denied.