Jones v. Lindsey

Defendant appeals from an order entered pursuant to Code of Civil Procedure, section 473, vacating a judgment in his favor.

Respondent commenced this claim and delivery action on March 19, 1948, to recover certain Baby Do-nut machines and electric motors then in defendant’s possession. Bond was posted in the sum of $4,000 whereupon respondent took immediate possession of the property and removed it to a warehouse for storage. For plaintiff’s failure to pay the storage charges, however, the property was sold by the warehouseman. The cause was originally set for trial on March 16, 1949, but was…