Jenkins v. Gamewell Fire Alarm Telegraph Co.
California Supreme Court
APPEAL from Superior Court, City and County of San Francisco; John F. Finn, Judge. Action by A. L. Jenkins against the Gamewell Fire Alarm Telegraph Company and others. From an order setting aside a judgment by default, plaintiff appeals.
1Opinion of the CourtGaroutte, J.
Appeal from an order setting aside a judgment by default, defendants having failed to answer within the time allowed by law. Conceding the facts to be as stated in respondents’ affidavit, still no showing of excusable neglect is made. There is nothing in the affidavit to indicate that plaintiff’s attorneys either expressly or impliedly agreed to extend defendants’ time to answer, or that defendants supposed their time had been extended. In referring to the discretion of the trial court in these matters, it was said in Bailey v. Taaffe, 29 Cal. 424: “The discretion intended, however, is not a…
2Cases cited1 opinion
- Bailey v. TaaffeCalifornia Supreme Court · 1866
3Cited by6 opinions
- People v. HarrisCalifornia Court of Appeal · 1998
- Bonnifield v. ThorpDistrict Court, D. Alaska · 1896
- Moody v. ReichowWashington Supreme Court · 1905
- Andrews v. JacobyCalifornia Court of Appeal · 1919
- Pingree v. ReynoldsCalifornia Court of Appeal · 1937
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