Coburn v. Pacific Lumber & Mill Co.
California Supreme Court Jul 1, 1873 No. No. 3,693Published
Synopsis
Order £[ade Without Notice.—An order made without notice to the other party maybe set aside without notice to the party who procured it.
Ejectment.—The bare pendency of proceedings for the condemnation of land is not a valid defense in ejectment.
By the Court: Under the statute orders made without notice may be set aside without notice. If the Judge, at chambers, could make the order of September twenty-seventh—a point we do not decide—then he could set it aside at chambers. If the last order was void, then the first was void for the same reason.
Judgment affirmed.
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