Gracier v. Weir
California Supreme Court
Appeal from the District Court of the Fourth Judicial District, City and County of San Francisco. The action was commenced June 18th, 1872, and the summons was served on the defendant June 26th, 1872. Twelve days afterwards judgment by default was entered against the defendant. On the same day he moved for an order on the plaintiff to show cause why the default should not be set aside, the judgment vacated, and the defendant allowed to answer.
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Appeal from the District Court of the Fourth Judicial District, City and County of San Francisco. The action was commenced June 18th, 1872, and the summons was served on the defendant June 26th, 1872. Twelve days afterwards judgment by default was entered against the defendant. On the same day he moved for an order on the plaintiff to show cause why the default should not be set aside, the judgment vacated, and the defendant allowed to answer. In support of the motion he filed his own affidavit, and an affidavit by his attorney, .to the effect that he had engaged an- attorney to defend the…
1Opinion of the Court
By the Court:
Upon the motion of the appellant to be admitted to defend the action, the respondent was permitted to file affidavits contradicting the allegation of merits contained in the moving papers. This is not proper practice. The order is reversed without costs, and the Court below directed to set aside the default, and permit the appellant to file an answer upon such terms as may be proper.
2Cited by11 opinions
- Douglass v. ToddCalifornia Supreme Court · 1892
- Griswold Linseed Oil Co. v. LeeSouth Dakota Supreme Court · 1891
- Brasher v. WhiteCalifornia Court of Appeal · 1921
- McLaughlin v. NettletonSupreme Court of Oklahoma · 1909
- Thompson v. SuttonCalifornia Court of Appeal · 1942
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