Francis v. Cox
California Supreme Court
Appeal from the District Court, Fifteenth Judicial District, City and County of San Francisco. The affidavit of defendant’s attorney as to the failure to answer by reason of mistake, set out that the summons was served on the eleventh, and that he was retained on that day, and examined the facts, and directed his clerk to enter the cause on his journal with a memorandum of the day the time for answering expired; that his clerk neglected to make the entry, and he was…
Read the full summary
Appeal from the District Court, Fifteenth Judicial District, City and County of San Francisco. The affidavit of defendant’s attorney as to the failure to answer by reason of mistake, set out that the summons was served on the eleventh, and that he was retained on that day, and examined the facts, and directed his clerk to enter the cause on his journal with a memorandum of the day the time for answering expired; that his clerk neglected to make the entry, and he was constantly engaged in Court until the twenty-first, and then supposed that the time to answer expired on the twenty-third; that…
1Opinion of the Court
By the Court, Shafter, J.:
The judgment was opened on affidavits showing, substantially, that the failure to answer was by mistake, and that the defendant had disclosed the facts of his defence to his counsel, and was advised by him that they constituted a good and valid defence to the whole of the plaintiff’s claim.
It is objected that the facts constituting the defence were not detailed to the Court in the affidavits. This objection is overruled on the authority of Woodward v. Backus, 20 Cal. 137, and Bailey v. Taaffe, 29 Cal. 426.
The opposing affidavit submitted to the Court does not dispute…
2Cases cited3 opinions
- Bailey v. TaaffeCalifornia Supreme Court · 1866
- Woodward v. BackusCalifornia Supreme Court · 1862
- Hanford v. McNairNew York Supreme Court · 1829
3Cited by15 opinions
- Douglass v. ToddCalifornia Supreme Court · 1892
- Griswold Linseed Oil Co. v. LeeSouth Dakota Supreme Court · 1891
- Osmont v. All Persons, Etc.California Supreme Court · 1913
- Brasher v. WhiteCalifornia Court of Appeal · 1921
- Tuttle v. ScottCalifornia Supreme Court · 1898
10 more not listed; retrieve them via the Exa API.