Barrett v. Graham (1862) · DecisionDepot

Barrett v. Graham

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Jul 1, 1862Published

Before: Cope

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Holding. The court affirmed an order setting aside two default judgments because the defendants' affidavits provided sufficient grounds to support the lower court's decision.

Issues

Whether the lower court erred in setting aside two default judgments based on conflicting affidavits.

Disposition. Affirmed.

Quotations verified verbatim against the opinion

“The order was made upon conflicting affidavits, and we cannot undertake to say that an error has been committed.”

“The grounds set forth in the affidavit on behalf of the defendants are sufficient to sustain the action of the Court.”

Synopsis

Case where the Court below set aside a judgment by default in ejectment, and allowed the landlords of the defendants to come in and defend.

Cope, J. delivered the opinion of the Court —Field, C. J. concurring.

This is an appeal from an order setting aside two judgments obtained by the plaintiffs by default. The order was made upon conflicting affidavits, and we cannot undertake to say that an error has been committed. The grounds set forth in the affidavit on behalf of the defendants are sufficient to sustain the action of the Court.

Order affirmed.

Barrett v. Graham

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