Arrington v. Tupper
California Supreme Court
Appeal from the District Court of the Ninth Judicial District, County of Siskiyou. The facts sufficiently appear in the opinion of the Court.
1Opinion of the CourtBaldwin, J.
Terry, C. J., and Field, J., concurring.
In this case, the error in filing the answer, which was a copy of the original verified answer, appears to have been the result of excusable mistake, which the opposite party seems to have encouraged, or, at least, the plaintiffs did not avail themselves of *465this mistake until after the case was opened to the jury, and too late to enable the defendant to correct the error in time for the trial; for it is shown that after the filing of the answer, the plaintiffs gave defendant's counsel notice to take depositions, and depositions were taken in pursuance…
2Cited by4 opinions
- Manke v. United StatesCourt of Appeals for the Ninth Circuit · 1930
- Lattimer v. RyanCalifornia Supreme Court · 1862
- Lowande v. GarcíaSupreme Court of Puerto Rico · 1907
- Lowande v. GarcíaSupreme Court of Puerto Rico · 1907