Gillingham v. Lawrence
California Court of Appeal
APPEAL from a default judgment and from an order of the Superior Court of the City and County of San Francisco, refusing to vacate the same. James M. Troutt, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtCooper, P. J.
This appeal is from a default judgment and from an order denying defendant’s motion to vacate the same. The defendant was personally served with summons on May 13, 1908, and his default duly entered on June 13th of the same year after the thirty days had expired which were allowed him by law in which to answer. On July 16th he served and filed a notice, accompanied by affidavits, to be relieved of the default, claiming that it occurred through his mistake, inadvertence and excusable neglect. In the affidavit of defendant he states that he did not know that he had to file a written appearance…
2Cited by13 opinions
- Benjamin v. Dalmo Manufacturing Co.California Supreme Court · 1948
- Elms v. ElmsCalifornia Court of Appeal · 1946
- Hopkins & Carley v. GensCalifornia Court of Appeal · 2011
- Weinberger v. ManningCalifornia Court of Appeal · 1942
- Ross v. RossCalifornia Court of Appeal · 1941
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