Young v. Fink
California Supreme Court
APPEAL front an order of the Superior Court of the City and County of San Francisco setting aside a judgment and recalling an execution. Charles W. Slack, Judge. The facts are stated in the opinion.
1Opinion of the Court
CHIPMAN, C.
Appeal from an order setting aside and vacating a default judgment rendered against defendant, and recalling an execution issued thereon.
The grounds of the motion on which the order was made were mistake, inadvertence, and excusable neglect in not answering plaintiff’s amended complaint; that the amended complaint changed the cause of action, and was not personally served on defendant, and on the further ground that the judgment was procured by fraud and without notice to defendant. It is not questioned by respondent that the judgment is regular on its face.
Appellant contends that…
2Cases cited7 opinions
- People ex rel. Schwartz v. TempleCalifornia Supreme Court · 1894
- People v. HarrisonCalifornia Supreme Court · 1890
- Jacks v. BaldezCalifornia Supreme Court · 1892
- Wharton v. HarlanCalifornia Supreme Court · 1886
- People ex rel. Lynch v. HarrisonCalifornia Supreme Court · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Canadian & American Mortgage & Trust Co. v. Clarita Land & Investment Co.California Supreme Court · 1903
- Smith v. JonesCalifornia Supreme Court · 1917
- State ex rel. Happel v. District CourtMontana Supreme Court · 1909
- Waller v. WestonCalifornia Supreme Court · 1899
- Richert v. Benson Lumber Co.California Court of Appeal · 1934
7 more not listed; retrieve them via the Exa API.