Quinn v. Wetherbee
California Supreme Court
Appeal from the District Court of the Fourth Judicial District, City and County of San Francisco. The Court below rendered judgment for the plaintiffs, and the defendants appealed. The other facts are stated in the opinion.
1Opinion of the Court
By the Court, Temple, J.:
There seems to be no conflict in the authorities as to the principles upon which Courts of equity interfere to grant relief against judgments recovered at law. It must appear that the party could not avail himself of his defense in the action at law, or that he was prevented from doing so by fraud, accident, or mistake, without fault or negligence on his part. To this effect are all the authorities cited; and the only question I deem it necessary to discuss is whether the defendants in the action sought to be set aside were guilty of negligence.
That action was brought…
2Cited by10 opinions
- Wilson v. WilsonCalifornia Court of Appeal · 1942
- State v. JonesMissouri Court of Appeals · 1882
- People v. ArguelloCalifornia Court of Appeal · 1966
- Marrow v. BrinkleySupreme Court of Virginia · 1888
- Meyer & Co. v. SulzbacherSupreme Court of Alabama · 1884
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