Palmer v. Moore

The plaintiff, Clifton C. Palmer, appeals from an order setting aside a default of defendant and the judgment based thereon. The appellant claims generally that the superior court had no jurisdiction to act as it did, because the 6-month period between the entry of the default and the order setting it aside prescribed by section 473 of the Code of Civil Procedure had passed.

Under date of April 23, 1964, the plaintiff filed a complaint for damages against Fred Moore, doing business as the Jerri Club, alleging that the defendant maintained a public bar under the club name; that plaintiff was on…