Bozzio v. Vaglio

The opinion of the court was delivered by

Scott, J.

Appellant brought a personal action for damages against the respondent and obtained a judgment against him therein upon the 22d day of March, 1893. The cause had been pending for some time, and at the time of the trial the respondent was not present, and had no knowledge that the cause was then to be tried. Thereafter, in the month of November, he presented a petition under the provisions of Title 14, Code Proc., asking to have such judgment vacated upon the grounds specified in subd. 7 of § 1393; and in support thereof alleged that he had…