MacGillivray v. Owen
California Court of Appeal
APPEAL from an order of the Superior Court of Fresno County vacating a judgment and setting aside a default. H. Z. Austin, Judge. The facts are stated in the opinion of the court.
1Opinion of the Court
THE COURT.
This is an appeal from an order setting aside the default of the defendant and vacating a judgment entered upon such default.
The grounds of the defendants’ motion for such relief consisted of the showing made hy him that in the month of March, 1908, shortly after the commencement of the action, an oral stipulation had been entered into between himself and Stanton L. Carter, Esq., one of the attorneys for the plaintiff in the action, to the effect that it would not be necessary for said defendant to appear in the action, and that no judgment would be taken against him, and upon the…
2Cases cited5 opinions
- Jergins v. SchenckCalifornia Supreme Court · 1912
- Reclamation District No. 535 v. HamiltonCalifornia Supreme Court · 1896
- Johnson v. SweeneyCalifornia Supreme Court · 1892
- Durbrow v. ChesleyCalifornia Court of Appeal · 1914
- Craig v. San Bernardino Inv. Co.California Supreme Court · 1894
3Cited by2 opinions
- Waybright v. AndersonCalifornia Supreme Court · 1927
- Johnson v. JohnsonCalifornia Court of Appeal · 1947