Mulholland v. Heyneman
California Supreme Court Jul 1, 1862Published
Before: Cope
Synopsis
An order of the Court below, refusing to set aside a judgment, on the ground of inadvertence, surprise or excusable neglect of the attorney in the case, affirmed on the authority of Haight v. Green, ante. See facts.
Cope, J. delivered the opinion of the Court Field, C. J. concurring.
This is an appeal from an order refusing to set aside a judgment on the ground of surprise. The application was addressed to the legal discretion of the Court; and upon the affidavits before us, we cannot undertake to say that this discretion has been improperly exercised. The recent case of Haight v. Green is decisive of the matter.
Order affirmed.
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