Turner v. Allen

This is an appeal by the defendant from a decree in equity setting aside and vacating a judgment by default obtained by him in an earlier action (which we shall refer to as the 1958 action) in the Superior Court of Los Angeles County. Previously the plaintiff herein had sought relief in the 1958 action under section 473 of the Code of Civil Procedure; the statutory time had expired, however, and relief was denied; he then instituted the present action and was granted the relief sought.

Certain background facts are without dispute: On or about July 14 of that year, the 1958 action was…