Choynski v. Cohen
California Supreme Court
Appeal from the District Court of the Fourth District, City and County of San Francisco The facts are stated in the opinion.
1Opinion of the CourtCrockett, J.
The defendant’s motion to set aside the default taken against him for a failure to answer was properly denied. The excuse given in his affidavit for his omission is fully dénied by the counter affidavit of the plaintiff.
The only question which remains to be considered is, whether or not the complaint states a sufficient cause of action to support the judgment. If the complaint exhibits no cause of action, even a judgment by default will be reversed on appeal. (Abbe v. Marr, 14 Cal. 210.)
The action is to recover damages for a violation of the plaintiff’s trade mark, and to restrain the use of…
2Cases cited2 opinions
- Falkinburg v. LucyCalifornia Supreme Court · 1868
- Abbe v. MarrCalifornia Supreme Court · 1859
3Cited by24 opinions
- American Automobile Ass'n v. American Automobile Owners Ass'nCalifornia Supreme Court · 1932
- Koehler v. . SandersNew York Court of Appeals · 1890
- Schmidt v. BriegCalifornia Supreme Court · 1893
- Boice v. StevensonArizona Supreme Court · 1947
- Drive It Yourself Co. v. NorthCourt of Appeals of Maryland · 1925
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