Irvine v. Davy
California Supreme Court
Appeal from a judgment of the Superior Court of the City and County of San Francisco. The action was brought by the plaintiffs as trustees under the will of James Irvine, deceased, to quiet the title to certain real property alleged to have been set apart to them as trustees by the order of the superior court sitting as a court of probate.
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Appeal from a judgment of the Superior Court of the City and County of San Francisco. The action was brought by the plaintiffs as trustees under the will of James Irvine, deceased, to quiet the title to certain real property alleged to have been set apart to them as trustees by the order of the superior court sitting as a court of probate. The complaint showed that of six trustees named in the will one had died, and a second had been removed as incompetent, by the superior court, leaving but four others; that the will provided that when the number of the trustees was reduced to four, the four…
1Opinion of the CourtSharfstein, J.
The demurrers to the complaint, on the ground that it did not state facts sufficient to constitute a cause of action, were properly overruled.
The default of the defendants for failing to answer the complaint within the time allowed bylaw for]answering was properly entered. The filing of an answer after the default had been entered did not affect the default.
The motion to set aside said default was properly denied, no ground appearing for setting said default aside.
Judgment affirmed.
McFarland, J., and De Haven, J., concurred.
2Cited by3 opinions
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- Munger v. NelsonMontana Supreme Court · 1921
- Andreen v. AndreenCalifornia Court of Appeal · 1911