Norman v. Berney

BRAY, J. *

— Defendant Ray Bemey appeals from an order denying his motion to set off judgment.

Questions Presented

1. Was the default judgment in Handley v. Norman valid?

2. Did Weingarten acquire an interest under the contingent fee agreement which diminished or defeated defendant Berney’s right to set off the Handley judgment ?

3. Is defendant Berney entitled to set off the Handley judgment or portion thereof against the Norman judgment ?

Record

On August 6, 1962, T. H. Handley commenced action number 53641 in the Superior Court of Monterey County against Ernest E. and Emma Jean Norman. The…