Arbogast v. Superior Court
California Court of Appeal
APPLICATION for a Writ of Prohibition, originally made to the District Court of Appeal for the Third Appellate District, to restrain the Superior Court of the County of Sacramento from proceeding with the trial of an appeal from a justice’s court. The facts are stated in the opinion of the court.
1Opinion of the CourtBurnett, J.
An action was brought by petitioner in the justice’s court of Sacramento Township to recover for medical services performed for defendant therein. The complaint and summons in the action were personally served in said township, and the defendant failing to appear, the default and judgment against her for the amount claimed were regularly entered by the justice. Twenty-six days after the date of the entry of said default judgment, the defendant appeared by attorney and moved to set aside the judgment and for leave to file an answer, setting out in her affidavit in support of the motion that…
2Cases cited7 opinions
- Weimmer v. SutherlandCalifornia Supreme Court · 1887
- Johnson v. Superior CourtCalifornia Court of Appeal · 1915
- Hubbard v. Superior CourtCalifornia Court of Appeal · 1908
- Townsend v. ParkerCalifornia Court of Appeal · 1913
- Heermanr v. SawyerCalifornia Supreme Court · 1874
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3Cited by1 opinion
- F. E. Young Co. v. FernstromCalifornia Court of Appeal · 1938