Smith v. Brown

This is an appeal from an order of the trial court denying plaintiff’s motion to set aside a previous order of the superior court.

These are the undisputed facts:

On August 19, 1943, the trial court dismissed with prejudice, under the provisions of section 581 of the Code of Civil Procedure, an action instituted by plaintiff to enforce a forfeiture of real estate. Prior to the dismissal of the action on August 19, 1943, plaintiff’s counsel moved for a stay or continuance of the action on the ground that plaintiff was in the United States Army. This motion was denied and the judgment became…