Penryn Land Co. v. Akahori

The appeal is from an order vacating a judgment quieting plaintiff’s title! to certain real estate. The order was made upon the ground of “the mistake and excusable neglect” of the defendant. Appellate courts are strongly inclined to uphold such an order if there be found in the record any legal justification for the action of the lower court. It is desirable, of course, to have causes tried and determined upon their merits, and, no doubt, this consideration was the determining factor with the lower trial judge herein. However, when the orderly processes of law have been followed and a…