Castagnoli v. Castagnoli

FINLEY, J. pro tem. *

This appeal is by plaintiff Louis Castagnoli from an order setting aside the default of defendant Lorraine Castagnoli and the judgment entered thereon. The other defendant, John Castagnoli, is not a party to the appeal. The only question for decision is whether the trial court had the power to set aside the default after six months from the time respondent’s default was entered.

From the complaint it appears that defendants are husband and wife; that plaintiff loaned John Castagnoli $5,114.87 as a deposit on a home to be purchased by said defendant. The alleged…