Bibend v. Kreutz
California Supreme Court
Appeal from the Ninth Judicial District. This is an action brought to set aside a judgment obtained by default against the plaintiff herein and others, in favor of the defendant Kreutz. The action in which the judgment was subsequently obtained was before this Court at the April Term, 1860, and the report of it (15 Cal. 345) shows the nature of the action, and the facts upon which Kreutz, the plaintiff therein, based his claim.
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Appeal from the Ninth Judicial District. This is an action brought to set aside a judgment obtained by default against the plaintiff herein and others, in favor of the defendant Kreutz. The action in which the judgment was subsequently obtained was before this Court at the April Term, 1860, and the report of it (15 Cal. 345) shows the nature of the action, and the facts upon which Kreutz, the plaintiff therein, based his claim. After the going down of the remittitur, and on the twentieth of September, 1860, an order was made that the defendants should answer within ten days. It does not…
1Opinion of the CourtCope, J.
TMs is an action to set aside a judgment by default, on the ground of surprise. The judgment was rendered in an action for money *114had and received, and the facts disclosed by the record show conclusively that no cause of action existed. It is admitted that the suit was improperly brought, but it is contended that the judgment is strictly just, and ought to be allowed to stand. This view, though acted upon by the Court below, is manifestly erroneous, and we find in the facts of the case nothing to justify or support it. The Yreka Water Company executed to several parties, among whom was the…
2Cited by21 opinions
- Bacon v. BaconCalifornia Supreme Court · 1907
- Hallett v. SlaughterCalifornia Supreme Court · 1943
- Estudillo v. SEC. Loan & Tr. Co. of S. Cal.California Supreme Court · 1906
- Brackett v. BanegasCalifornia Supreme Court · 1897
- Hitt v. CarrIndiana Court of Appeals · 1921
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