Legal Opinion
E. A. Strout Western Realty Agency, Inc. v. McCloud
California Court of Appeal
Decided November 23, 1938No. Civ. 6117PublishedCited by 4 opinions
1Opinion of the CourtThompson, J.
The plaintiff has appealed from an order setting aside a judgment by default. The motion on which the order was based was made under section 473 of the Code of Civil Procedure, on the ground of excusable neglect. It is contended the court abused its discretion in vacating the judgment, for the reason that the affidavit presented in support of the motion fails to show excusable neglect for not appearing and pleading to the complaint within the time allowed by law. This appeal is presented on the judgment roll only. The record contains no bill of exceptions.
The appellant filed in Butte County a…
2Cases cited4 opinions
- Jeffords v. YoungCalifornia Supreme Court · 1925
- State Bank of Lansing v. McLauryCalifornia Supreme Court · 1917
- Beck v. BarnesCalifornia Court of Appeal · 1933
- Strumberger v. HallCalifornia Supreme Court · 1935
3Cited by4 opinions
- Malaquias v. NovoCalifornia Court of Appeal · 1943
- Adjustment Corp. v. Hollywood Hardware & Paint Co.California Court of Appeal · 1939
- Oil Tool Exchange, Inc. v. SchuhCalifornia Court of Appeal · 1944
- Rubenstein v. Bank of America National Trust & Savings Ass'nCalifornia Court of Appeal · 1938