Howe v. Independence Consolidated Gold & Silver Mining Co.
California Supreme Court
Appeal from the District Court, First Judicial District, Los Angeles County. This was an action for the recovery of money alleged to be due for work and labor. The defendant demurred, the demurrer was overruled, and ten days were given to answer. The ten days having expired, and no answer having been filed, on application of plaintiff, the Clerk entered judgment by default against the defendant.
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Appeal from the District Court, First Judicial District, Los Angeles County. This was an action for the recovery of money alleged to be due for work and labor. The defendant demurred, the demurrer was overruled, and ten days were given to answer. The ten days having expired, and no answer having been filed, on application of plaintiff, the Clerk entered judgment by default against the defendant. The defendant moved the Court to vacate the judgment, and to be allowed to answer, and upon the hearing of the motion, used the following affidavits: “ Personally appeared E. S. Roberts, one of the…
1Opinion of the Court
By the Court, Sanderson, C. J.
Orders of the Court below upon applications made under the sixty-eighth section -of the Practice Act will not be disturbed by this Court except in cases of gross abuse, where the power of the Court has been exercised in a manner which is calculated to defeat rather than advance the ends of justice, which', in our judgment, has not been done in the present case.
The order, however, is erroneous in not imposing the payment of - previous costs as a condition of setting aside the judgment. • In such cases the payment of costs is expressly required by the statute, and…
2Cited by8 opinions
- Masten v. Indiana Car & Foundry Co.Indiana Court of Appeals · 1900
- Enright v. GrantUtah Supreme Court · 1887
- Mally v. RobertsSupreme Court of Iowa · 1914
- Kinkead v. MoriartySouth Dakota Supreme Court · 1912
- Thomas v. MorrisUtah Supreme Court · 1892
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