Wylie v. Sierra Gold Co.
California Supreme Court
APPEAL from an order of the Superior Court of Sierra County refusing to vacate a judgment by default. Stanley A. Smith, Judge. The facts are stated in the opinion.
1Opinion of the Court
BELCHER, C.
The plaintiff brought this action to recover a certain sum of money alleged to be due him from the defendant. An amended complaint was filed November 7, 1896. To this complaint defendant filed a general demurrer, which was overruled November 23d, and ten days allowed to answer. No answer having been filed, on December 4th, upon application of plaintiff’s attorney, the clerk of the court entered the default of the defendant, and immediately thereafter entered judgment for the amount prayed for in the complaint. Thereafter, on the same day, counsel for defendant served and filed…
2Cases cited2 opinions
- Board of Commissioners (No. 2) v. YoungerCalifornia Supreme Court · 1865
- Mott v. FosterCalifornia Supreme Court · 1872
3Cited by7 opinions
- People v. MerkourisCalifornia Supreme Court · 1956
- Wells Fargo & Co. v. City & County of San FranciscoCalifornia Supreme Court · 1944
- Magee v. Superior CourtCalifornia Court of Appeal · 1973
- Boca & Loyalton R.R. v. Superior Court of Lassen Cty.California Supreme Court · 1907
- Toy v. HaskellCalifornia Supreme Court · 1900
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