Carlin v. Lindtveit

The complaint to foreclose this second mortgage on which $170 was due named respondents as defendants, but asked no personal judgment. Naturally respondents did not attend the sale. Plaintiff's attorney bid in the property for $25. Respondents have had to make a motion to vacate a deficiency judgment against them for $253.26, which had been improperly entered upon this complaint. Plaintiff’s application under Code of Civil Procedure, section 1628, to bring a new suit on the bond has been denied. In view of the opposing affidavits, we cannot say that the court’s discretion has been improperly…