Huart v. Goyeneche
California Supreme Court
Appeal from a judgment for the plaintiff, and from an order denying a motion to open a default, in the Seventeenth District Court, County of Los Angeles.
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Appeal from a judgment for the plaintiff, and from an order denying a motion to open a default, in the Seventeenth District Court, County of Los Angeles. Sepulveda, J. From .the bill of exceptions, it appears that the Court refused to open the default “ solely on the ground that the showing of merits was insufficient to justify the Court in opening the same,” and “that on all other questions and points aside from the merits, that is, the title, the Court found that the defendants should be and were entitled to the relief asked.” The action was to quiet title; and the showing as to merits…
1Opinion of the Court
By the Court :
There was no negligence on the part of defendants or their attorney, and the default should be set aside.
Judgment reversed, and cause remanded, with instructions to set aside the default and permit defendants to answer.
2Cited by4 opinions
- Hull v. ViningWashington Supreme Court · 1897
- Johnson v. SweeneyCalifornia Supreme Court · 1892
- McGowan v. KrelingCalifornia Supreme Court · 1897
- Crane v. CraneCalifornia Supreme Court · 1898