Legal Opinion

Wyoming Pacific Oil Co. v. Preston

California Court of Appeal

Decided July 7, 1959No. Civ. 23554PublishedCited by 20 opinions

1Opinion of the CourtFourt, J.

A complaint was filed in this case on December 15, 1952. On February 3, 1955, the plaintiff’s then attorney, Mr. Reiter, personally served a copy of the summons and complaint on the defendant and appellant Preston. The defendant did not make an appearance within the time prescribed. An attorney, William J. Hyland III, representing the defendant, talked to the attorney for the plaintiff with reference to a demurrer to the complaint, and later advised the attorney for the plaintiff that he was not retained to represent the defendant. The default of the defendant was entered on March 16, 1955.

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2Cases cited78 opinions

  1. Pico v. CohnCalifornia Supreme Court · 1891
  2. Coyne v. KrempelsCalifornia Supreme Court · 1950
  3. People v. MerkourisCalifornia Supreme Court · 1956
  4. Burtnett v. KingCalifornia Supreme Court · 1949
  5. Crew v. PrattCalifornia Supreme Court · 1897

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3Cited by20 opinions

  1. Ross v. Florida Sun Life Insurance CompanyDistrict Court of Appeal of Florida · 1960
  2. Buckert v. BriggsCalifornia Court of Appeal · 1971
  3. Hyland v. State BarCalifornia Supreme Court · 1963
  4. Preston v. Wyoming Pacific Oil Co.California Court of Appeal · 1961
  5. Rogers v. SilvermanCalifornia Court of Appeal · 1989

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