Roland v. Kreyenhagen
California Supreme Court
Appeal from the Fourth District. Appeal from an order made by the District Court setting aside a judgment by default. The suit was brought to-reeover possession of a lot of land in the city of San Francisco, against Grustavus Kreyenhagen, who claimed as owner, Rich, his lessee, and Luhden & Broderick, the subtenants of Rich, and in actual possession. The summons was served on the occupants, Luhden & Broderick, only.
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Appeal from the Fourth District. Appeal from an order made by the District Court setting aside a judgment by default. The suit was brought to-reeover possession of a lot of land in the city of San Francisco, against Grustavus Kreyenhagen, who claimed as owner, Rich, his lessee, and Luhden & Broderick, the subtenants of Rich, and in actual possession. The summons was served on the occupants, Luhden & Broderick, only. Luhden & Broderick not answering, plaintiff entered their default, dismissed the suit as to Kreyenhagen and Rich, and upon application to the Court, judgment was entered up…
1Opinion of the CourtBaldwin, J.
Cope, J. concurring.
The order setting aside the judgment by default is affirmed as hereinafter modified. It would require a very clear case of abuse of discretion in the Judge below to induce us to interfere with his action upon such applications. The respondent might have been seriously affected in his rights by suffering the tenants to be dispossessed, and he had a right to be admitted to defend. The sixty-eighth section of the Practice Act provides: “ The Court may, in furtherance of justice, and on such terms as may be proper, amend any pleading or proceedings by adding or striking out…
2Cited by28 opinions
- Bailey v. TaaffeCalifornia Supreme Court · 1866
- McDougald v. HuletCalifornia Supreme Court · 1901
- Melde v. ReynoldsCalifornia Supreme Court · 1900
- Ward v. ClayCalifornia Supreme Court · 1890
- Buell v. EmerichCalifornia Supreme Court · 1890
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