Reidy v. Scott
California Supreme Court
■ Appeal from the District Court of the Thirteenth Judicial District, Merced County. The action was brought to recover the value of goods sold and delivered. The defendant Samuel Scott was served with a copy of the summons and complaint within the county, April 25th, 1877, but informed his counsel that the service was on the 26th.
Read the full summary
■ Appeal from the District Court of the Thirteenth Judicial District, Merced County. The action was brought to recover the value of goods sold and delivered. The defendant Samuel Scott was served with a copy of the summons and complaint within the county, April 25th, 1877, but informed his counsel that the service was on the 26th. No answer having been filed within the ten days, default was entered May 7th, 1877. On the same day the defendant filed the following answer: “ [Title of Court and Cause.] “ Now comes the defendant Samuel Scott and answers the complaint of the plaintiffs herein, and…
1Opinion of the Court
By the Court :
If the affidavit of merits is sufficient, we are satisfied that, under the views expressed in Watson v. S. F. and H. B. R. R. Company, 41 Cal. 17, the Court should have granted the motion to open the default. The answer, which was filed on the same day the default was entered, states facts which, if proved, would constitute a meritorious defense. The statements in the affidavit of defendant, that he is advised that he has a “ good and perfect defense,” and in the affidavit of his attorney that, in his opinion, *74defendant has a good defense; although in artificial averments of the…
2Cases cited2 opinions
- Watson v. Francisco & Humboldt Bay RailroadCalifornia Supreme Court · 1871
- People v. RainsCalifornia Supreme Court · 1863
3Cited by9 opinions
- Greene v. Montana Brewing Co.Montana Supreme Court · 1905
- Hanthorn v. OliverOregon Supreme Court · 1897
- Brasher v. WhiteCalifornia Court of Appeal · 1921
- Weck v. SucherCalifornia Court of Appeal · 1929
- Williamson v. Cummings Rock Drill Co.California Supreme Court · 1892
4 more not listed; retrieve them via the Exa API.