Legal Opinion

Urton v. Woolsey

California Supreme Court

Decided December 12, 1890No. 13690PublishedCited by 16 opinions

Appeals from a judgment of the Superior Court of Fresno County, from an order refusing a change of venue, from an order refusing to set aside a default, and from an order refusing to vacate the judgment. The facts are stated in the opinion of the court.

1Opinion of the CourtMcFarland, J.

Judgment was given for plaintiff. Defendant appeals from the judgment; also from an order refusing a change of venue; also from an order refusing to set aside a default and vacate the judgment, because taken against him through surprise, excusable neglect, etc.

The motion for change of venue was on the ground that defendant resided in a county other than the one in which the action was commenced; and perhaps the denial of the motion may be sustained on the very technical ground that the notice and demand state that “defendant is a resident of ” and “ resides in ” the other county, instead of…

2Cases cited1 opinion

  1. Gurnee v. Superior CourtCalifornia Supreme Court · 1881

3Cited by16 opinions

  1. Maguire v. CunninghamCalifornia Court of Appeal · 1923
  2. Vaughan v. RobertsCalifornia Court of Appeal · 1941
  3. Konold v. Rio Grande Western Ry. Co.Utah Supreme Court · 1897
  4. Duffy v. DuffyCalifornia Supreme Court · 1894
  5. Banbury v. BrailsfordIdaho Supreme Court · 1945

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