Legal Opinion

Lankton v. Superior Court

California Supreme Court

Decided March 25, 1936No. L. A. 15563PublishedCited by 40 opinions

1Opinion of the CourtCurtis, J.

Proceeding to review order of trial court or prohibit said court from modifying judgment after the time for appeal from said judgment and for motion for new trial has elapsed. No showing was attempted to be made that the judgment had been rendered through the mistake, inadvertence, surprise or excusable neglect of the defendant. Therefore, the court was without authority to modify the judgment upon any of those grounds under the provisions of section 473 of the Code of Civil Procedure. The modification which the court in its memorandum opinion indicated it proposed to make in the judgment was…

2Cases cited4 opinions

  1. Stanton v. Superior Court of CaliforniaCalifornia Supreme Court · 1927
  2. O'Brien v. O'BrienCalifornia Supreme Court · 1889
  3. First National Bank v. DusyCalifornia Supreme Court · 1895
  4. Byrne v. HoagCalifornia Supreme Court · 1897

3Cited by40 opinions

  1. Phelan v. Superior CourtCalifornia Supreme Court · 1950
  2. Bowman v. BowmanCalifornia Supreme Court · 1947
  3. Redlands High School District v. Superior CourtCalifornia Supreme Court · 1942
  4. Wells Fargo & Co. v. City & County of San FranciscoCalifornia Supreme Court · 1944
  5. Estate of GoldbergCalifornia Supreme Court · 1938

35 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API