Legal Opinion

O'Connor v. Ellmaker

California Supreme Court

Decided March 19, 1890No. 12322PublishedCited by 3 opinions

Appeal from an order of the Superior Court of the city and county of San Francisco refusing to vacate a judgment. The facts are stated in the opinion of the court.

1Opinion of the CourtMcFarland, J.

This is an appeal from an order of the superior court denying a motion of plaintiff to vacate and set aside a judgment rendered in favor of defendants, on the ground that said judgment was taken against defendants through their mistake, inadvertence, surprise, and excusable neglect.

It appears from the certificate of the judge of the superior court that the trial calendar of said court was regularly called on August 30, 1886; that the case at bar was on said calendar, and being regularly called, was answered “ready”; that by order of the court then made, five cases were set for each day; that…

2Cases cited1 opinion

  1. Dodge v. RidenourCalifornia Supreme Court · 1882

3Cited by3 opinions

  1. Jensen v. BarbourMontana Supreme Court · 1892
  2. Nicholson v. NicholsonCalifornia Court of Appeal · 1948
  3. Horton v. New Pass Gold & Silver Mining Co.Nevada Supreme Court · 1891

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