Staley v. O'Day
California Court of Appeal
APPEAL from an order of the Superior Court of the City and County of San Francisco vacating a default judgment. Frank J. Murasky, Judge. The facts are stated in the opinion of the court. James A. Bacigalupi, and Harry G. McKannay, for Appellant.
1Opinion of the CourtKerrigan, J.
This is an appeal by plaintiff from an order vacating and setting aside a judgment by default entered against the defendant.
The action is for three thousand dollars, a balance claimed to be due from the defendant to one Harry G. McKannay, the assignor of the plaintiff, for services rendered in the capacity of attorney at law. The action was commenced on December 9, 1910; and some time in the latter part of the following February the defendant had obtained from the court by various orders all the time to answer which the court, under the provisions of section 1054 of the Code of Civil…
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