Legal Opinion

Doyle v. Rice Ranch Oil Co.

California Court of Appeal

Decided July 29, 1938No. Civ. 11477PublishedCited by 15 opinions

1Opinion of the CourtDoran, J.

This is an appeal from an order vacating a default judgment in favor of defendant and against the plaintiffs.

A demurrer had been sustained to the complaint and to the first amended complaint. Defendant served notice on December 17, 1936, that the demurrer had been sustained with ten days' leave to amend. No amended complaint was filed before January 18, 1937, and on said date judgment was entered in favor of defendant and against plaintiffs. On January 29, 1937, plaintiffs served notice of a motion to vacate and set aside the default under section 473 of the Code of Civil Procedure,…

2Cases cited8 opinions

  1. Bailey v. TaaffeCalifornia Supreme Court · 1866
  2. Gray v. LawlorCalifornia Supreme Court · 1907
  3. Osmont v. All Persons, Etc.California Supreme Court · 1913
  4. Ross v. San Diego Glazed Cement Pipe Co.California Court of Appeal · 1920
  5. Smith v. TunsteadCalifornia Supreme Court · 1880

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3Cited by15 opinions

  1. R. Michael Butner v. Ingrid NeustadterCourt of Appeals for the Ninth Circuit · 1963
  2. Beard v. BeardCalifornia Supreme Court · 1940
  3. Farmers Insurance Gr. v. District Court of SEC. JDSupreme Court of Colorado · 1973
  4. Ledwith v. StorkanDistrict Court, D. Nebraska · 1942
  5. Thomas v. Goettl Bros. Metal Products, Inc.Arizona Supreme Court · 1953

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