Legal Opinion
Biggs v. Biggs
California Court of Appeal
Decided April 24, 1951No. Civ. 17873PublishedCited by 7 opinions
1Opinion of the Court
DRAPEAU, J.—
To plaintiff’s second amended complaint for divorce defendant answered, and prayed for affirmative relief.
February 11, 1948, one of plaintiff’s attorneys Sled with the clerk an order for dismissal of the action, with prejudice. This order was entered by the clerk.
October 7, 1949, plaintiff changed attorneys, and moved to set aside the dismissal. Notice of motion was given defendant’s counsel. Affidavit was made by plaintiff that the dismissal was “inadvertently offered for filing,” and was, and is, a nullity because affirmative relief was prayed for in the answer.
The motion was…
2Cases cited10 opinions
- Dillard v. McKnightCalifornia Supreme Court · 1949
- County of San Bernardino v. County of RiversideCalifornia Supreme Court · 1902
- Hopkins v. Superior CourtCalifornia Supreme Court · 1902
- King v. Superior CourtCalifornia Court of Appeal · 1936
- Fisher v. EckertCalifornia Court of Appeal · 1949
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3Cited by7 opinions
- Rodriguez v. Fireman's Fund InsuranceCalifornia Court of Appeal · 1983
- Basinger v. Rogers & WellsCalifornia Court of Appeal · 1990
- Ransom v. Los Angeles City High School DistrictCalifornia Court of Appeal · 1954
- Riley v. Superior CourtCalifornia Court of Appeal · 1952
- Keroff v. SnyderCalifornia Court of Appeal · 1962
2 more not listed; retrieve them via the Exa API.