Perris Irr. Dist. v. Turnbull
Court of Appeals for the Ninth Circuit
In Error to the District Court of the United States for the Southern Division of the Southern District of California; Olin Wellborn, Judge. Action by R. B. Turnbull, as administrator of the estate of R. H. Thompson, deceased, against the Perris Irrigation District. From an order denying a motion to vacate a default judgment in favor of plaintiff, and to dismiss the action, defendant brings error.
1Opinion of the Court
ROSS, Circuit Judge.
On the 18th of February, 1913,'the court below entered a money judgment by default against the plaintiff in error, which thereafter entered a special appearance for the purpose of its motion only, and moved the court to vacate the judgment and to dismiss the action, which motion was denied March 31, 1913. The present writ is brought for a review of that action of the trial court; the sole contention of the plaintiff in error being that the summons in the action was not issued within one year after the filing of the complaint therein.
The record shows that the complaint was…
2Cases cited4 opinions
- Leas & McVitty v. MerrimanU.S. Circuit Court for the District of Western Virginia · 1904
- Reynolds v. PageCalifornia Supreme Court · 1868
- Cowell v. StuartCalifornia Supreme Court · 1886
- Jewett v. GarrettU.S. Circuit Court for the District of New Jersey · 1891
3Cited by3 opinions
- Eley v. GambleCourt of Appeals for the Fourth Circuit · 1935
- Perries Irr. Dist. v. EscherCourt of Appeals for the Ninth Circuit · 1914
- Stimson Mill Co. v. United StatesDistrict Court, W.D. Washington · 1935