Bruskey v. Bruskey

The order from which this appeal is taken is an order made November 14, 1932, vacating a prior order made on July 19, 1932, dismissing the action on plaintiff’s motion. The motion for vacation of the order of dis missal was made under section 473 of the Code of Civil Procedure, which provides that “the court may . . . relieve a party or his legal representative from a judgment, order, or other proceeding taken against him through his mistake, inadvertence, surprise, or excusable neglect ...” Appellant concedes that a trial court is vested with a wide discretion in the matter of granting or…