Woodward v. Backus
California Supreme Court
Appeal from the Sixth District. On the-day of May, 1861, plaintiff commenced suit in the District Court of the Sixth Judicial District against defendants, Gr. Backus, D. O. Mills, L. B. Harris, J. H. Grass,and.R. C. Clark, for the sum of SI,500 and interest. On the third, day of July, 1861, service was had on L. B„. Harris, one of the above defend-ante, and on the ninth of the same month service was had on D. 0. Mills, another of said defendants.
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Appeal from the Sixth District. On the-day of May, 1861, plaintiff commenced suit in the District Court of the Sixth Judicial District against defendants, Gr. Backus, D. O. Mills, L. B. Harris, J. H. Grass,and.R. C. Clark, for the sum of SI,500 and interest. On the third, day of July, 1861, service was had on L. B„. Harris, one of the above defend-ante, and on the ninth of the same month service was had on D. 0. Mills, another of said defendants. On the thirteenth day of September, 1861, no answer having been filed, default was taken against the said parties, and on the nineteenth of…
1Opinion of the CourtCope, J.
This is an appeal from an order setting aside a judgment by default. The points in the case relate to the sufficiency of the affidavits upon which the order was based. It is contended that the *141affidavits do not sufficiently excuse the negligence of the defendants, and are defective in failing to state the facts showing a valid and meritorious defense to the action. In making the order, the Court below was only required to exercise proper discretion; and the order must have been so plainly erroneous as to amount to an abuse of discretion, to justify interference on our part. We think it cannot…
2Cited by10 opinions
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