Ryan v. Mooney
California Supreme Court Jul 1, 1874 No. No. 4,353Published
Before: McKinstry
Synopsis
Oedeb Vacating Judgment.—An order vacating a judgment on account of surprise or excusable neglect, need not require as a condition precedent the payment of all the opposing party’s costs.
By the Court, McKinstry, J.: The Court below properly vacated the judgment against the defendants moving to set aside, without requiring as a condition the payment of all of plaintiff’s costs.
Orders appealed from affirmed.
Mr. Justice Rhodes did not express an opinion.
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