Legal Opinion
Van Dyke v. MacMillan
California Court of Appeal
Decided August 4, 1958No. Civ. 9398PublishedCited by 9 opinions
1Opinion of the Court
WARNE, J. pro tem. *
Defendant has appealed from an order denying his motion under section 473 of the Code of Civil Procedure to vacate a money judgment entered against him after he failed to appear for trial through the excusable neglect or inadvertence of his attorney.
Plaintiff brought this action to recover a balance of $950 allegedly unpaid for hay sold by plaintiff to defendant.
The answer admits the contract; avers that by it defendant purchased 150 tons of hay baled for shipping at $13 per ton, delivery to be made at plaintiff’s ranch where the hay was stacked; and avers that the…
2Cases cited5 opinions
- Beard v. BeardCalifornia Supreme Court · 1940
- Stub v. HarrisonCalifornia Court of Appeal · 1939
- Miller v. Republic Grocery, Inc.California Court of Appeal · 1952
- Hambrick v. HambrickCalifornia Court of Appeal · 1946
- DeMello v. DeMelloCalifornia Court of Appeal · 1954
3Cited by9 opinions
- Payne v. Superior CourtCalifornia Supreme Court · 1976
- Transit Ads, Inc. v. Tanner Motor Livery, Ltd.California Court of Appeal · 1969
- Flores v. Board of Supervisors of Los Angeles CountyCalifornia Court of Appeal · 1970
- Nilsson v. City of Los AngelesCalifornia Court of Appeal · 1967
- Frank E. Beckett Co. v. BobbittAppellate Division of the Superior Court of California · 1960
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