Bailiff v. Hildebrandt
California Court of Appeal
APPEAL from an order of the Superior Court of Sonoma County granting a motion to set aside a default and the judgment entered thereon. Thos. C. Denny, Judge. The facts are stated in the opinion of the court.
1Opinion of the Court
NICOL, P. J., pro tem.
This is an appeal by plaintiff from an order vacating and setting aside the default of defendant and the judgment entered thereon against the said defendant.
The motion to set aside the default and judgment was one under section 473 of the Code of Civil Procedure and in substance was made upon the ground of mistake, inadvertence, and excusable neglect. The defendant’s demurrer to the complaint was overruled by the court on December 9, 1918, and by the order he was given ten days within which to answer. On December 26, 1918, the defendant not having answered in compliance…
2Cases cited1 opinion
- County of Los Angeles v. LewisCalifornia Supreme Court · 1918
3Cited by6 opinions
- Daniels v. DanielsCalifornia Court of Appeal · 1955
- La Bonte Ransom Co., Inc. v. ScellarsCalifornia Court of Appeal · 1928
- Sousa v. Capital Co.California Court of Appeal · 1963
- Boris v. BorisCalifornia Court of Appeal · 1959
- Vernon v. DeesyCalifornia Court of Appeal · 1932
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