Nicoll v. Weldon
California Supreme Court
'APPEAL from an order of the Superior Court of Kern County setting aside a judgment by default. J. W. Mahon, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtHarrison, J.
After judgment had been entered against "the respondents in this action upon their default, they made application to the court to have the judgment set aside and leave granted them .to answer, upon the ground that their default and the judgment entered thereon was taken against them through inadvertence and 'excusable neglect; and in support of their motion presented affidavits setting forth the facts upon which they relied. At the hearing of the motion m> counter-affidavits were filed, and the court granted their motion upon the condition that they pay into court for the use of the plaintiff…
2Cases cited2 opinions
- Melde v. ReynoldsCalifornia Supreme Court · 1900
- Buell v. EmerichCalifornia Supreme Court · 1890
3Cited by48 opinions
- Benjamin v. Dalmo Manufacturing Co.California Supreme Court · 1948
- Waybright v. AndersonCalifornia Supreme Court · 1927
- Stub v. HarrisonCalifornia Court of Appeal · 1939
- Nuckolls v. Bank of CaliforniaCalifornia Supreme Court · 1937
- Transit Ads, Inc. v. Tanner Motor Livery, Ltd.California Court of Appeal · 1969
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