Johnson v. Sweeney
California Supreme Court
Appeal from a judgment of the Superior Court of Solano County, and from an order refusing to set aside a judgment by default. The facts are stated in the opinion of the court.
1Opinion of the CourtPaterson, J.
The defendant moved in the court below for an order setting aside a judgment taken against him my default, entered in open court on an ex parte application of plaintiff on April 28th, and in support of his motion filed an affidavit made by his attorney, showing, among other things, the following facts: The summons was served upon defendant in the county where the action was commenced, on April 17, 1891. The defendant had, therefore, to and including the twenty-seventh day of April, 1891, to appear and answer or demur. His counsel was engaged in the trial of a case in the superior court on the…
2Cases cited2 opinions
- Woodward v. BackusCalifornia Supreme Court · 1862
- Huart v. GoyenecheCalifornia Supreme Court · 1880
3Cited by13 opinions
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- City & County of San Francisco v. CarraroCalifornia Court of Appeal · 1963
- McDowell v. OrsiniCalifornia Court of Appeal · 1976
- McLaughlin v. ClausenCalifornia Supreme Court · 1897
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