La Societe Francaise D'Epargnes et de Prevoyance Mutuelle v. Beardslee

Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing to modify the judgment.

The action was unlawful detainer. The defendant Beardslee was a tenant of the plaintiff, and sublet to defendants McCarthy and Warren. Moses G. Cobb as attorney for all the defendants entered into a stipulation that judgment be entered against them for the amount of the rent due, and for restitution of the premises, in consideration of which plaintiff granted a stay of proceedings, and waived its right to have the damages trebled.

After the entry of the judgment the defendant Warren made application to the court to modify the judgment so as to relieve him from liability, on the ground that he was only a sub-tenant, and was made a party in order that he as sub-tenant might redeem the term of Beardslee. The court denied the application, and subsequently Warren again applied to the court for a modification of the judgment as to him, on the ground that Moses Gr. Cobb had no authority to appear for him and make the stipulation referred to. The motion was supported by the affidavit of Warren, Cobb, and Moore the clerk of Cobb. The court denied the motion.