Hallett v. Slaughter

I dissent.

The present action is an independent suit in equity commenced after the expiration of the time for relief under section 473 of the Code of Civil Procedure. (Title Ins. & Trust Co. v. King etc. Co., 162 Cal. 44 [120 P. 1066] ; Hunt, Mirk & Co., Inc. v. Hesperides Mining Co., 200 Cal. 382 [253 P. 317]; Knox v. Superior Court, 100 Cal.App. 452, 454 [280 P. 375].) The remedy afforded by section 473 is akin to the common law power of courts to vacate their own judgments during the term they were rendered. (Olivera v. Grace, 19 Cal.2d 570, 574 [122 P.2d 564, 140 A.L.R. 1328].) For the…