Legal Opinion

Milstein v. Sartain

California Court of Appeal

Decided January 30, 1943No. Civ. 6750PublishedCited by 16 opinions

1Opinion of the CourtThompson, J.

The defendants have appealed from a judgment by default, which was rendered against them in a suit in assumpsit, after their answer had been stricken from the files on the theory that it was sham and not properly verified as required by section 446 of the Code of Civil Procedure. The respondent has filed no brief on appeal.

The proceedings, resulting in striking defendants’ answer from the files and rendering judgment by default against them, are presented on this appeal by means of a settled bill of exceptions.

The complaint is couched in five counts and alleges that the individual defendants…

2Cases cited19 opinions

  1. Christerson v. FrenchCalifornia Supreme Court · 1919
  2. Title Insurance & Trust Co. v. King Land & Improvement Co.California Supreme Court · 1912
  3. People v. Ah SamCalifornia Supreme Court · 1871
  4. Herrlich v. McDonaldCalifornia Supreme Court · 1889
  5. Swanson v. SiemCalifornia Court of Appeal · 1932

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3Cited by16 opinions

  1. Weiner v. FleischmanCalifornia Supreme Court · 1991
  2. Litvinuk v. LitvinukCalifornia Supreme Court · 1945
  3. Ensher, Alexander & Barsoom, Inc. v. EnsherCalifornia Court of Appeal · 1964
  4. Hunter v. CroysdillCalifornia Court of Appeal · 1959
  5. Mercado v. HoeflerCalifornia Court of Appeal · 1961

11 more not listed; retrieve them via the Exa API.

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