Kenney v. Kelleher
California Supreme Court
Appeal from an order of the Superior Court of the city and county of San Francisco vacating and setting aside a default and judgment. Judgment by default was entered against the defendant Catharine Kelleher, and she moved the court to set aside the default and judgment, which motion the court denied.
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Appeal from an order of the Superior Court of the city and county of San Francisco vacating and setting aside a default and judgment. Judgment by default was entered against the defendant Catharine Kelleher, and she moved the court to set aside the default and judgment, which motion the court denied. Subsequently she renewed the motion, and the following order was written upon the notice of motion: “ Good cause being shown therefor, on motion of Sullivan and Severance, attorneys for defendant Mrs, C. Kelleher, it is ordered that the time of service be shortened, and that the motion therein…
1Per curiam
Leave to renew a motion may be given after the original motion is denied, and when given may be acted upon. In this case there must necessarily have been an application to the court for leave to renew the motion, and the application must have been granted. This is evident from the fact that the court entertained the motion for an order to show cause, and afterward, when the principal motion came on to be heard, entertained and granted it against the objections of the opposite party. (Bowers v. Cherokee Bob, 46 Cal. 286.)
It is insisted that leave to renew can only be granted by the court, and…
2Cases cited2 opinions
- Ford v. DoyleCalifornia Supreme Court · 1872
- Bowers v. BobCalifornia Supreme Court · 1873
3Cited by19 opinions
- Harth v. Ten EyckCalifornia Supreme Court · 1941
- Lopez v. LarsonCalifornia Court of Appeal · 1979
- Key System Transit Lines v. Superior CourtCalifornia Supreme Court · 1950
- Enderlin State Bank v. JenningsNorth Dakota Supreme Court · 1894
- JI Case Company v. McDonaldIdaho Supreme Court · 1955
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