Jergins v. Schenck
California Supreme Court
APPEAL from an order of the Superior Court of Los Angeles County vacating a default and a judgment entered thereon. W. R. Hervey, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtSloss, J.
The plaintiff took judgment by default upon the failure of the defendants to answer within the time allowed after the overruling of their demurrer to the second amended and supplemental complaints. The defendants moved to vacate the default and judgment on the ground of excusable neglect, and their motion was granted. From the order granting this relief the plaintiff appeals.
The showing made by the defendants in support of their motion was not contradicted by any evidence on the part of the plaintiff. The only question is whether the facts set forth in the affidavits offered by the defendants…
2Cited by37 opinions
- Benjamin v. Dalmo Manufacturing Co.California Supreme Court · 1948
- Brill v. FoxCalifornia Supreme Court · 1931
- Waite v. Southern Pacific Co.California Supreme Court · 1923
- Savage v. SmithCalifornia Supreme Court · 1915
- Manos v. FickenscherDistrict of Columbia Court of Appeals · 1948
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