Dorente v. Sullivan
California Supreme Court
Appeal from the Superior Court of the City of San Francisco. This was an action brought by E. W. Smith, as the guardian ad litem of plaintiff, a minor, against Sullivan, for the rent of certain premises in the city of San Francisco. Judgment in the case was obtained by default. Defendant afterwards, upon affidavits, obtained a rule against the plaintiff to show cause why the default and judgment should not be set aside and defendant permitted to defend.
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Appeal from the Superior Court of the City of San Francisco. This was an action brought by E. W. Smith, as the guardian ad litem of plaintiff, a minor, against Sullivan, for the rent of certain premises in the city of San Francisco. Judgment in the case was obtained by default. Defendant afterwards, upon affidavits, obtained a rule against the plaintiff to show cause why the default and judgment should not be set aside and defendant permitted to defend. The Court at the hearing discharged the rule, from which order the defendant appealed to this Court. The summons in this case bears the…
1Opinion of the CourtMurray, C. J.
This is an appeal from an order of the Court below refusing to set aside a default. The application did not contain sufficient grounds to warrant the Court below in disturbing the judgment. It admits the service, but sets up certain matter by way of apology or in extenuation of the defendant's laches.
By the sixty-eighth section of the Practice Act, the Court may, within six months, relieve a party from a judgment where he has not been personally served with summons. In his application, the defendant admits service, and this would seem conclusive of his case. It is now alleged for the first…
2Cited by16 opinions
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