Morton v. Shannon
California Court of Appeal
APPEALS from an order of the Superior Court of the City and County of San Francisco denying defendant’s motion to vacate a default judgment in favor of plaintiffs, and from the judgment itself. George E. Crothers, Judge. The facts are stated in the opinion of the court.
1Opinion of the Court
THE COURT.
This is an appeal from an order denying defendant’s motion to vacate and set aside a default judgment entered in favor of the plaintiffs, and also from the judgment itself.
The complaint states a cause of action in the form of a common count for certain goods sold and delivered, alleging a reasonable value of $501.25, and prays for interest and costs of suit.
As to whether or not a default should be set aside upon motion made under the terms of section 473 is a matter that rests so largely in the discretion of the trial court that its action in such a proceeding will not be disturbed…
2Cases cited6 opinions
- Ingrim v. EppersonCalifornia Supreme Court · 1902
- Alferitz v. CahenCalifornia Supreme Court · 1904
- Fay v. StubenrauchCalifornia Supreme Court · 1904
- Fallon v. BrittanCalifornia Supreme Court · 1890
- Mary J. v. Solon BurroughsSupreme Court of Vermont · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Ross v. RossCalifornia Court of Appeal · 1941
- Minehan v. SilveriaCalifornia Court of Appeal · 1933
- Garrison v. HoganCalifornia Court of Appeal · 1931
- Alvarado v. Sunset Supper ClubCalifornia Court of Appeal · 1922
- Sather v. SatherCalifornia Court of Appeal · 1922