Legal Opinion

Willett v. Schmeister Manufacturing Co.

California Court of Appeal

Decided December 17, 1926No. Docket No. 5129PublishedCited by 14 opinions

1Opinion of the Court

CAMPBELL, J., pro tem.

This appeal is from an order of the trial court denying an application made under section 473 of the Code of Civil Procedure to be relieved from a default in failing to present a bill of exceptions within the time allowed by law.

Appellants’ motion was made on the following grounds: 1. “That through mistake and inadvertence of plaintiffs’ counsel they were not advised of the time when plaintiffs’ time for serving and presenting such proposed bill of exceptions commenced to run,” and 2. “That through mistake and excusable neglect plaintiffs were unable to obtain the…

2Cases cited13 opinions

  1. Tregambo v. Comanche Mill & Mining Co.California Supreme Court · 1881
  2. Nicoll v. WeldonCalifornia Supreme Court · 1900
  3. Clary v. ClaryCalifornia Supreme Court · 1896
  4. Ingrim v. EppersonCalifornia Supreme Court · 1902
  5. Mitchell v. Cal. & Or. Coast S.S. Co.California Supreme Court · 1909

8 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Security Truck Line v. City of MontereyCalifornia Court of Appeal · 1953
  2. Borden v. Division of Medical QualityCalifornia Court of Appeal · 1994
  3. Luri v. GreenwaldCalifornia Court of Appeal · 2003
  4. Schwartz v. SmooklerCalifornia Court of Appeal · 1962
  5. Garcia v. GalloCalifornia Court of Appeal · 1959

9 more not listed; retrieve them via the Exa API.

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