Legal Opinion

Holiness Church of San Jose v. Metropolitan Church Ass'n

California Court of Appeal

Decided January 17, 1910No. Civ. No. 694PublishedCited by 15 opinions

APPEAL from an order of the Superior Court of Santa Clara County refusing to vacate a judgment by default. M. H. Hyland, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtKerrigan, J.

This is an appeal from an order refusing to set aside a default judgment.

On June 14, 1906, respondent commenced an action against the Metropolitan Church Association, a foreign corporation, and others, for the purpose of obtaining a judgment, decreeing that respondent is the owner of certain described real property in Santa Clara county, and that the appellant, Metropolitan Church Association, is the holder of the title thereto in trust for the respondent. The summons, which was duly issued on the day the suit was commenced, was, according to the return thereon, served on March 16, 1908, by…

2Cases cited7 opinions

  1. Zobel v. ZobelCalifornia Supreme Court · 1907
  2. Gray v. LawlorCalifornia Supreme Court · 1907
  3. Hoffman v. Superior Court of S.F.California Supreme Court · 1907
  4. First National Bank v. HolmesNorth Dakota Supreme Court · 1903
  5. Moyer v. CookWisconsin Supreme Court · 1860

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3Cited by15 opinions

  1. American Land Co. v. ZeissSupreme Court of the United States · 1911
  2. Seal v. BanesSupreme Court of Oklahoma · 1934
  3. Hunstock v. Estate Development Corp.California Supreme Court · 1943
  4. Sternbeck v. BuckCalifornia Court of Appeal · 1957
  5. Solot v. LinchCalifornia Supreme Court · 1956

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