Legal Opinion

Williamson v. Cummings Rock Drill Co.

California Supreme Court

Decided August 18, 1892No. 14524PublishedCited by 11 opinions

Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing to set "it aside. The facts are stated in the opinion of the court.

1Opinion of the Court

The Court.

The summons herein was served on the defendant April 9, 1891, and on April 21, 1891, the defendant having failed to appear and answer the complaint, judgment by default was entered against him by the clerk on motion of the plaintiff’s attorney. Two days thereafter the defendant moved the court to set aside the default and judgment, upon the ground of excusable neglect; and in support thereof presented an affidavit of merits, and also an affidavit of its attorney, *653showing that there were several causes between the same parties, and that when he received the summons and copy of…

2Cases cited5 opinions

  1. Bailey v. TaaffeCalifornia Supreme Court · 1866
  2. Watson v. Francisco & Humboldt Bay RailroadCalifornia Supreme Court · 1871
  3. Coleman v. RankinCalifornia Supreme Court · 1869
  4. Garner v. ErlangerCalifornia Supreme Court · 1890
  5. Reidy v. ScottCalifornia Supreme Court · 1878

3Cited by11 opinions

  1. Morton v. MortonCalifornia Supreme Court · 1897
  2. Farmers' Merchants' Ins. Co. v. CuffSupreme Court of Oklahoma · 1911
  3. Staley v. O'DayCalifornia Court of Appeal · 1913
  4. Hudson v. HutchasonCalifornia Court of Appeal · 1959
  5. Kearney v. PalmerCalifornia Court of Appeal · 1912

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