Cooper-Power v. Hanlon
California Court of Appeal
APPEAL from an order of the Superior Court of the City and County of San Francisco, setting aside a judgment by default. Thomas F. Graham, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtHall, J.
This is an appeal by plaintiff from an order granting the motion of defendant to vacate and set aside a default that had been duly entered against her for failure to appear and answer to plaintiff’s complaint. The notice of motion was given a few days before the expiration of six months from the entry of the default, and stated that the motion would be made upon the grounds that said default had been taken against defendant through her inadvertence, mistake and excusable neglect. No answer or proposed answer was served with the notice, but an affidavit of merits sworn to by defendant was…
2Cases cited4 opinions
- Nickerson v. California Raisin Co.California Supreme Court · 1882
- Rey v. BarclayCalifornia Supreme Court · 1891
- People ex rel. State Bd. of Harbor Comm'rs v. LarueCalifornia Supreme Court · 1884
- Morgan v. McDonaldCalifornia Supreme Court · 1886
3Cited by4 opinions
- Slater v. SeloverCalifornia Court of Appeal · 1914
- Quan Quock Fong v. LyonsCalifornia Court of Appeal · 1912
- Forrest v. KnoxCalifornia Court of Appeal · 1913
- Pingree v. ReynoldsCalifornia Court of Appeal · 1937