Wharton v. Harlan
California Supreme Court
Appeal from an order of the Superior Court of Fresno County setting aside certain defaults. The facts are stated in the opinion of the court.
1Opinion of the CourtMcKinstry, J.
— This is an appeal from an order setting aside the defaults entered against certain of the defendants by the clerk of the Superior Court, for failure to answer.
The motion to set aside the judgment by default was made on the ground of “surprise.” The notice of motion was filed and served more than six months after the judgment was entered. As an application under section 473 of the Code of Civil Procedure, it was too late. The application for summary relief by motion must, by the terms of that section, be made within the six months. The application must be made within six months, even though…
2Cases cited6 opinions
- Stearus v. AguirreCalifornia Supreme Court · 1857
- Dederick's Administrators v. RichleyNew York Supreme Court · 1838
- Kelly v. Van AustinCalifornia Supreme Court · 1861
- Bell v. ThompsonCalifornia Supreme Court · 1862
- Manufacturers' & Mechanics' Bank of the Northern Liberties of the County of Philadelphia v. BoydNew York Supreme Court · 1846
1 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Burtnett v. KingCalifornia Supreme Court · 1949
- People v. GreeneCalifornia Supreme Court · 1887
- Reher v. ReedCalifornia Supreme Court · 1913
- Baird v. SmithCalifornia Supreme Court · 1932
- Farrar v. SteenberghCalifornia Supreme Court · 1916
22 more not listed; retrieve them via the Exa API.