Waller v. Weston
California Supreme Court
APPEAL from orders of the Superior Court of Contra Costa County imposing costs as the condition of vacating a judgment, denying the motion to vacate it for failure to comply with the condition, and refusing to strike out findings. Joseph P. J ones, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtHenshaw, J.
F. F. Weston was defendant in an action to foreclose a mortgage. Summons was issued, and a return made by the sheriff showing personal service upon him. Upon his failure to answer, judgment was taken against him and a decree of foreclosure entered. A sale was had and a deficiency judgment docketed. The judgment was entered on the sixteenth day of October, 1897, and on the fifteenth day of February, 1898, Weston gave notice of his motion, supported by affidavits, to set aside the default and judgment and quash the service of summons, upon the ground that service of summons had never been made…
2Cases cited7 opinions
- In re Organization & of the Bonds of the Central Irrigation DistrictCalifornia Supreme Court · 1897
- Norton v. Atchison, Topeka, & Santa Fé RailroadCalifornia Supreme Court · 1893
- People ex rel. Schwartz v. TempleCalifornia Supreme Court · 1894
- People v. DodgeCalifornia Supreme Court · 1894
- Young v. FinkCalifornia Supreme Court · 1897
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3Cited by35 opinions
- Pasadena Medi-Center Associates v. Superior CourtCalifornia Supreme Court · 1973
- Guastello v. Citizens Mutual InsuranceMichigan Court of Appeals · 1968
- Waymire v. California Trona Co.California Supreme Court · 1917
- Richert v. Benson Lumber Co.California Court of Appeal · 1934
- Ursino v. Superior CourtCalifornia Court of Appeal · 1974
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