Tuttle v. Scott
California Supreme Court
APPEAL from an order of the Superior Court of Colusa County vacating a judgment entered upon default. E. A. Bridgford, Judge.
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APPEAL from an order of the Superior Court of Colusa County vacating a judgment entered upon default. E. A. Bridgford, Judge. The excuse for neglect set forth in the affidavit of merits consisted in reliance upon the advice of his counsel that the effect of his adjudication in insolvency would be that none of his creditors could prosecute any action against him, but that all their efforts in reference to the collection of their respective claims against the affiant would be confined to the insolvent court, except such claims as were not affected by the Insolvent Act, and upon the advice of…
1Opinion of the Court
HAYNES, C.
Appeal from an order vacating a judgment entered upon default. The above-entitled action was brought in the superior court of Colusa county on October 3, 1895, to recover from the defendants the sum of sixteen hundred dollars on a promissory note. On October 21, 1895, upon petition of his creditors, Scott was adjudged an insolvent debtor. On October 26th, the plaintiff presented and proved his claim—consisting of said note—against the estate of said insolvent, and in February following received a dividend thereon of four hundred and thirty-nine dollars and seventy cents. Scott…
2Cases cited8 opinions
- Dimock v. Revere Copper Co.Supreme Court of the United States · 1886
- Douglass v. ToddCalifornia Supreme Court · 1892
- Francis v. CoxCalifornia Supreme Court · 1867
- Nevada Bank v. DresbachCalifornia Supreme Court · 1883
- Golden v. BlaskopfMassachusetts Supreme Judicial Court · 1879
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3Cited by15 opinions
- Waite v. Southern Pacific Co.California Supreme Court · 1923
- Mitchell v. Cal. & Or. Coast S.S. Co.California Supreme Court · 1909
- Osmont v. All Persons, Etc.California Supreme Court · 1913
- Vartanian v. CrollCalifornia Court of Appeal · 1953
- Luse v. PetersCalifornia Supreme Court · 1933
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