Redding Gold & Copper Mining Co. v. National Surety Co.
California Court of Appeal
APPEAL from an order of ■ the Superior Court of the City and County of San Francisco setting aside a default and judgment. Frank Murasky, Judge. The facts are stated in the opinion of the court.
1Opinion of the Court
This is an appeal from an order setting aside a default and vacating the judgment entered against defendant upon such default.
The matter of setting aside defaults and vacating judgments entered thereon is very largely a matter of discretion, to be liberally exercised by the trial court in furtherance of justice, and where the action of the trial court will result in a trial upon the merits the appellate courts are very reluctant to interfere with the exercise of such discretion, and will only do so when it clearly appears that there has been a plain abuse of discretion. (O'Brien v. Leach, 139…
2Cases cited6 opinions
- Shearman v. JorgensenCalifornia Supreme Court · 1895
- Wood Selick v. . BallNew York Court of Appeals · 1907
- O'Brien v. LeachCalifornia Supreme Court · 1903
- Nilson v. SarmentCalifornia Supreme Court · 1908
- Los Angeles Railway Co. v. DavisCalifornia Supreme Court · 1905
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3Cited by16 opinions
- Benjamin v. Dalmo Manufacturing Co.California Supreme Court · 1948
- Stub v. HarrisonCalifornia Court of Appeal · 1939
- Soda v. MarriottCalifornia Court of Appeal · 1933
- Weinberger v. ManningCalifornia Court of Appeal · 1942
- H. D. Haley & Co. v. McVayCalifornia Court of Appeal · 1924
11 more not listed; retrieve them via the Exa API.