Legal Opinion

Victor Power & Mining Co. v. Zerr

California Court of Appeal

Decided October 18, 1909No. Civ. No. 652Published

APPEAL from a judgment of the Superior Court of Tehama County, and from an order refusing to vacate a default, and judgment by default. Wm. M. Pinch, Judge presiding. The facts appearing in the record as to the negligence of the attorney for the defendant appealing are the same as those which appear in ease No. 651, ante, p. 497, on the second motion, to set aside the default judgment in that case.

1Opinion of the CourtHart, J.

is an action, ejectment in form, and the-appeal is from the judgment and an order refusing to grant the motion of the defendant to set aside the default entered against him for failure to answer the complaint within the-time allowed by the court upon overruling the demurrer to-said complaint and to vacate the judgment entered upon said, default.

The facts and the lawpertinent thereto are, confessedly,, similar to those in the case of the plaintiff herein against C. L. Cole—No. 651, ante, p. 497, [105 Pac. 758]—an opinion in which has this day been filed.

It therefore follows that, upon the…

2Cases cited1 opinion

  1. Victor Power and Mining Co. v. ColeCalifornia Court of Appeal · 1909

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