Forrest v. Knox
California Court of Appeal
APPEAL from an order of the Superior Court of the City and County of San Francisco vacating a default judgment. Jas. M. Troutt, Judge. The facts are stated in the opinion of' the court.
1Opinion of the CourtHall, J.
This is an appeal by plaintiff from an order made by the court granting a motion of defendants to vacate and set aside a default judgment regularly entered against defendants after personal service of summons. The appeal comes to this court upon a bill of exceptions duly settled, but though appellant filed his points and authorities July 9, 1912, respondents have filed no reply thereto, and made no appearance in this court at the calling of the case on the last calendar (January, 1913).
The order cannot he sustained but must be reversed. The notice of motion stated that it would be made upon…
2Cases cited3 opinions
- Morgan v. McDonaldCalifornia Supreme Court · 1886
- Jensen v. DorrCalifornia Court of Appeal · 1908
- Cooper-Power v. HanlonCalifornia Court of Appeal · 1908
3Cited by6 opinions
- Oliver v. the Swiss Club TellCalifornia Court of Appeal · 1963
- Alvak Enterprises v. PhillipsCalifornia Court of Appeal · 1959
- Salsberry v. JulianCalifornia Court of Appeal · 1929
- Pingree v. ReynoldsCalifornia Court of Appeal · 1937
- Bishop v. BabcockCalifornia Court of Appeal · 1950
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