Legal Opinion

Morgan v. McDonald

California Supreme Court

Decided June 18, 1886No. 9374PublishedCited by 9 opinions

Appeal from an order of the Superior Court of the city and county of San Francisco setting aside a judgment. •The facts are stated in the opinion of the court.

1Opinion of the CourtThornton, J.

In this case issues were joined by complaint and answer. The cause was on the 15th of August, 1883, regularly called for trial. When so called, no one appeared for the defendant. The counsel for plaintiff proceeded with the trial, and introduced some documentary evidence, and called and examined the' plaintiff on his own behalf. The court on the day above named rendered judgment for the plaintiff, which judgment was entered on the same day.

Defendant soon afterward gave notice of motion to set aside the judgment aforesaid as one taken against him by surprise, inadvertence, and excusable…

2Cases cited1 opinion

  1. Nickerson v. California Raisin Co.California Supreme Court · 1882

3Cited by9 opinions

  1. Beard v. BeardCalifornia Supreme Court · 1940
  2. Ross v. San Diego Glazed Cement Pipe Co.California Court of Appeal · 1920
  3. Forrest v. KnoxCalifornia Court of Appeal · 1913
  4. Cooper-Power v. HanlonCalifornia Court of Appeal · 1908
  5. Pingree v. ReynoldsCalifornia Court of Appeal · 1937

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