Dollarhide v. Thorne (1855) · DecisionDepot

Dollarhide v. Thorne

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

California Supreme Court Sep 22, 1855 No. No. 653Published

Before: Bryan, Heydenfeldt

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Holding. The court affirmed the district court's exercise of discretion in setting aside a judgment, noting that the delay would not prejudice the plaintiff and that the defendant was required to pay costs as a condition of the relief.

Issues

Whether the district court abused its discretion in setting aside a judgment and granting a new trial.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“we are not, in such cases, disposed to scrutinize too closely the exercise of discretion by the district court.”

Synopsis

APPEAL from Napa County.

'HEYDENFELDT, 'J. — The peculiarity of the relief sought by the bill of complaint shows that the delay caused by opening the judgment and giving a new trial cannot operate to the injury of the plaintiff, if it is finally determined that he is entitled to the relief. Adding to this the consideration that the payment of the costs by the defendant is made the condition of setting aside the judgment, we are not, in such cases, disposed to scrutinize too closely the exercise of discretion by the district court.

Order affirmed.

I concur: Bryan, J.

Dollarhide v. Thorne

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