Rose v. Fuqua

This is an action in equity to set aside a judgment rendered in Fuqua v. Rose, and affirmed by the District Court of Appeal at 180 Cal.App.2d 590 [4 Cal.Rptr. 573], upon the ground of fraud. Judgment was for plaintiffs and defendants appeal.

The sole question for our determination is:

Where a motion to vacate a default under Code of Civil Procedure section 473 is denied, the trial court having before it defendants’ affidavit claiming that plaintiffs’ attorney had granted an extension of time in which to answer the complaint and plaintiffs’ affidavit denying having done so, may an independent…