Seale v. McLaughlin
California Supreme Court
Appeal from the District Court, Third Judicial District, Santa Clara County. There were several defendants in the action, and upon overruling the demurrer, the Court entered a default against McLaughlin. The attorney did not ask for leave to answer for McLaughlin. McLaughlin alone appealed. The other facts are stated in the opinion of the Court.
1Opinion of the Court
By the Court,
Sawyer, J.
This is an appeal from a judgment entered upon default against defendant, McLaughlin, after overruling demurrer to the complaint, and from an order subsequent to the judgment denying motion to vacate it. The motion was made on affidavits of defendant, Gordon, and his attorney, on the ground that the appearance on behalf of McLaughlin was by mistake and without authority. The action was brought against Gordon and several of his tenants to recover certain lands claimed by Gordon. It does not appear in the affidavits by direct averment that McLaughlin was not also a tenant…
2Cited by11 opinions
- Governor Ex. Rel. Trustees of University of N. C. v. LassiterSupreme Court of North Carolina · 1880
- Barron v. DelevalCalifornia Supreme Court · 1881
- Chitwood v. County of Los AngelesCalifornia Court of Appeal · 1971
- Whiteside v. LoganMontana Supreme Court · 1888
- Louth v. WoodardOregon Supreme Court · 1925
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