Chase v. Swain
California Supreme Court
Appeal from the District Court of the Seventh Judicial District, County of Contra Costa. This action was brought against the defendants, as administrators of John Marsh, deceased, for the recovery of a judgment against said estate, for the sum of $1,052. Personal service of the summons and complaint was had on both of defendants; and no answer or demurrer having been filed in time by either of defendants, a judgment by default was entered, that “ the plaintiff recover of and…
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Appeal from the District Court of the Seventh Judicial District, County of Contra Costa. This action was brought against the defendants, as administrators of John Marsh, deceased, for the recovery of a judgment against said estate, for the sum of $1,052. Personal service of the summons and complaint was had on both of defendants; and no answer or demurrer having been filed in time by either of defendants, a judgment by default was entered, that “ the plaintiff recover of and from the defendants the sum of $1,052, the amount set forth in his said complaint, with costs and disbursements.”…
1Opinion of the CourtTerry, C. J.
This was an action against the defendants, as administrators of John Marsh, deceased. Personal service was duly made on both defendants; and, no answer having been filed within the time prescribed by law, a judgment by default was taken.
Defendants moved to set aside the judgment, on the ground that the default was taken by the mistake, inadvertence, or excusable neglect of defendants; and also on the ground that the complaint did not state facts sufficient to constitute a cause of action.
The affidavits in support of the motion not only fail to show any reason for setting aside the judgment on…
2Cited by10 opinions
- Mantle v. CaseyMontana Supreme Court · 1904
- Estate of AuslenderCalifornia Supreme Court · 1960
- Thompson v. HarlowIndiana Supreme Court · 1898
- First Small Business Inv. Co. v. Sistim, Inc.California Court of Appeal · 1970
- Bank of America National Trust & Savings Ass'nCalifornia Court of Appeal · 1937
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