Moore v. Kellogg
California Supreme Court
Appeal from an order in the Twentieth District Court of the City and County of San Francisco. Belóen, J. Action of ejectment. After the judgment by default had been entered in favor of the plaintiff, the defendants moved to set aside the default and judgment. The motion was denied, and the defendants appealed.
1Opinion of the Court
The Court:
The default of the defendants, Joseph Woodworth and Esther Woodworth, was regularly entered; the Court in the orders of default having found that the summons had been regularly served upon each of them. The default and judgment thereon were entered as to'Joseph Woodworth May 12th, 1879, and as to Esther Woodworth May 26th, "1879. Both of said parties move to set aside the judgments and defaults.
It does not appear from the transcript, as first filed, that the affidavits were used on the motion. Subsequently, and without leave, a document, called an “amended transcript,” was filed.…
2Cited by4 opinions
- Malone v. Big Flat Gravel Mining Co.California Supreme Court · 1892
- Evans v. Fall River CountySouth Dakota Supreme Court · 1893
- Sucesores de L. Villamil & Co. v. MercedSupreme Court of Puerto Rico · 1917
- Successors of L. Villamil & Co. v. MercedSupreme Court of Puerto Rico · 1917