Kahn v. Smith

23 Cal.2d 12 (1943)

FRED J. KAHN et al., Petitioners,

v.

B. J. SMITH, as County Clerk, etc., Respondent.

L. A. No. 18341.

Supreme Court of California. In Bank.

Oct. 6, 1943.

Laurence B. Martin for Petitioners.

Joel E. Ogle, County Counsel, and Forgy, Reinhaus & Forgy for Respondent.

TRAYNOR, J.

On August 25, 1939, Fred J. Kahn and his wife, Alice J. Kahn, brought suit against the San Diego Orange Growers and Mr. Glann Feldner. On August 22, 1940, Mr. and Mrs. Kahn served notice on the defendants in that action that the judgment in their favor had been entered on the preceding day. They were in error,…