Legal Opinion

Miller v. Carr

California Supreme Court

Decided March 31, 1897No. L. A. No. 142PublishedCited by 19 opinions

Appeal from a judgment of the Superior Court of Kern County and from an order refusing to vacate and set aside said judgment. A. B. Conklin, Judge. The facts are stated in the opinion.

1Opinion of the Court

Haynes, C.

This appeal is from a judgment by default, and from an order denying defendant’s motion to vacate said judgment and default.

The action was commenced in the superior court of Kern county, June 20, 1895, and the summons was *380served upon the defendant at the city and county of San Francisco by the sheriff thereof on the twenty-fourth day of the same month, as shown by the return of said sheriff indorsed thereon. On July 25th, the thirty-first day after said service as shown by said return, defendant’s default and judgment thereon were entered by the clerk.

Defendant promptly moved to set…

2Cases cited3 opinions

  1. Bailey v. TaaffeCalifornia Supreme Court · 1866
  2. Watson v. Francisco & Humboldt Bay RailroadCalifornia Supreme Court · 1871
  3. Grady v. DonahooCalifornia Supreme Court · 1895

3Cited by19 opinions

  1. Greene v. Montana Brewing Co.Montana Supreme Court · 1905
  2. Pittock v. BuckIdaho Supreme Court · 1908
  3. Wooley v. WickerNew Mexico Supreme Court · 1965
  4. Hall v. McConeyMissouri Court of Appeals · 1910
  5. Beckley v. Reclamation BoardCalifornia Supreme Court · 1957

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