Legal Opinion

Ross v. San Diego Glazed Cement Pipe Co.

California Court of Appeal

Decided November 26, 1920No. Civ. No. 3154PublishedCited by 18 opinions

APPEAL from an order of the Superior Court of San Diego County setting aside default and judgment. C. N. Andrews, Judge. Reversed. The facts are stated in the opinion of the court.

1Opinion of the CourtConrey, P. J.

This is an appeal by the defendant and cross-complainant from an order setting aside the judgment rendered on the cross-complaint and setting aside the default of the plaintiff and cross-defendant for failure to answer the cross-complaint of defendant, and allowing plaintiff and cross-defendant to file an answer to the cross-complaint.

[1] As provided in section 473 of the Code of Civil Procedure, a court may, upon such terms as may be just, relieve a party or his legal representative from a judgment, order, or other proceeding taken against him through his mistake, inadvertence, surprise, or…

2Cases cited4 opinions

  1. Shearman v. JorgensenCalifornia Supreme Court · 1895
  2. Parkside Realty Co. v. MacDonaldCalifornia Supreme Court · 1914
  3. Andrews v. JacobyCalifornia Court of Appeal · 1919
  4. Morgan v. McDonaldCalifornia Supreme Court · 1886

3Cited by18 opinions

  1. Benjamin v. Dalmo Manufacturing Co.California Supreme Court · 1948
  2. Beard v. BeardCalifornia Supreme Court · 1940
  3. Stub v. HarrisonCalifornia Court of Appeal · 1939
  4. Ledwith v. StorkanDistrict Court, D. Nebraska · 1942
  5. Vartanian v. CrollCalifornia Court of Appeal · 1953

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