Peterson v. Plunkett
California Court of Appeal
APPEAL from a judgment of the Superior Court of Lake County, an order denying a motion to set aside the judgment, and an order denying a new trial. M. S. Sayre, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtBuckles, J.
This is an action to quiet title of H. D. Peterson to a tract of land in Lake county. The ease was set for trial; the defendant failing to appear, a trial was had, resulting in a judgment for plaintiff on December 21, 1903. On March 21, 1904, defendant moved the court to set aside said judgment on the ground that it was taken against him “through his mistake, inadvertence, surprise and excusable neglect.” Defendant at the same time moved for a new trial. Both motions were denied and this appeal is from the judgment, from the order denying motion to set aside the judgment, and from the order…
2Cases cited3 opinions
- Snell v. WelchMontana Supreme Court · 1903
- United Land Ass'n v. Pacific Improvement Co.California Supreme Court · 1903
- Butterfield v. GravesCalifornia Supreme Court · 1902
3Cited by2 opinions
- Pearce v. Butte Electric Railway Co.Montana Supreme Court · 1910
- Los Angeles Bond & Securities Co. v. TylerCalifornia Court of Appeal · 1932