Gutierrez v. Romero
Arizona Supreme Court
APPEAL from a judgment of the Superior Court of the County of Pima. Samuel L. Páttee, Judge. STATEMENT OF FACTS. The appellant, as plaintiff, having on June 30, 1920, obtained a judgment in the superior court of Pima county, Arizona, for $12,500 against Fabian Romero, as defendant, on August 25, 1920, in said action, made in proper form, application for writ of garnishment against the Consolidated National Bank of Tucson and the Security Bank & Trust Company of Tucson, among…
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APPEAL from a judgment of the Superior Court of the County of Pima. Samuel L. Páttee, Judge. STATEMENT OF FACTS. The appellant, as plaintiff, having on June 30, 1920, obtained a judgment in the superior court of Pima county, Arizona, for $12,500 against Fabian Romero, as defendant, on August 25, 1920, in said action, made in proper form, application for writ of garnishment against the Consolidated National Bank of Tucson and the Security Bank & Trust Company of Tucson, among others. The writ issued August 26th, and on the same day was returned by the sheriff of Pima county showing proper…
1Opinion of the CourtRoss, C. J.
(After Stating the Facts as Above.)— It is the contention of appellant, and this contention is the sole basis of her assignments, that the showing of appellees on their application to vacate does not make out a case of mistake, inadvertence, surprise or excusable neglect, or one of good cause shown, and that the court abused its discretion in granting the motion to set aside the default judgment. Paragraph 600, Civil Code of 1913, authorizes the court to relieve from a judgment for mistake, inadvertence, surprise or excusable neglect, or for good cause shown, to modify or set aside a…
2Cases cited10 opinions
- Reher v. ReedCalifornia Supreme Court · 1913
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3Cited by13 opinions
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- Martin v. SearsArizona Supreme Court · 1935
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