Heermanr v. Sawyer
California Supreme Court
Appeal from the District Court, Fifteenth Judicial District, City and County of San Francisco. The plaintiff recovered a judgment against the defendants by default. They moved to set aside the default, and the Court made an order setting it aside, but the order did not prescribe the payment of costs as a condition. The plaintiff appealed.
1Opinion of the Court
By the Court, Wallace, C. J.:
The order setting aside the default and judgment is erroneous for the reason that payment of previous costs is not imposed upon the defendant as a condition of setting aside the judgment. The four hundred and seventy-third section of the Code of Civil Procedure (which, in this respect, is a copy of the sixty-eighth section • of the former Practice Act,) provides that a default may be relieved against “upon such terms as may be just, and upon payment of costs;” and it has always been held here that the irnposi*563tion of costs upon the moving party was indispensible to…
2Cases cited1 opinion
- People v. O'ConnellCalifornia Supreme Court · 1863
3Cited by5 opinions
- Arbogast v. Superior CourtCalifornia Court of Appeal · 1916
- Monllor & Co. v. HutchisonSupreme Court of Puerto Rico · 1912
- Smith v. BratmanCalifornia Supreme Court · 1917
- French Wax Figure Co. v. Jupp Baxter Co.Cuyahoga Circuit Court · 1901
- Monllor & Co. v. HutchisonSupreme Court of Puerto Rico · 1912