Craig v. San Bernardino Inv. Co.
California Supreme Court
Appeal from an order of the Superior Court of San Bernardino County vacating a default and judgment. The facts are stated in the opinion. The conversation of the secretary with the plaintiff as to the time to answer in the case is no ground for opening the default.
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Appeal from an order of the Superior Court of San Bernardino County vacating a default and judgment. The facts are stated in the opinion. The conversation of the secretary with the plaintiff as to the time to answer in the case is no ground for opening the default. (De Armond v. Preacher’s Aid Soc., 94 Ind. 59; Walker v. Shreve, 87 111. 474; Elliott v. Shaw, 16 Cal. 377; Smith v. Watson, 28 Iowa, 218.) The granting of an order setting aside the default was in the discretion of the court, and will not be disturbed upon appeal except for gross abuse. ( Underwood v. Underwood, 87 Cal. 523;…
1Opinion of the Court
Temple, C.—
This appeal is from an order vacating and setting aside a default and judgment, and permitting the defendant to answer.
The application was based on many grounds, one of which was that the default was through excusable neglect, and the order was upon terms.
Suit was brought to rec )ver the value of certain shares of the corporate stock of the corporate defendant, on the ground that the said defendant refused to transfer the shares on its books and issue a new certificate to plaintiff, who was the purchaser and assignee of the stock.
Summons was served upon the secretary of the…
2Cited by3 opinions
- Hammond Lumber Co. v. BloodgoodCalifornia Court of Appeal · 1929
- Sampanes v. ChazesCalifornia Court of Appeal · 1921
- MacGillivray v. OwenCalifornia Court of Appeal · 1916