Del Valle v. More (1858) · DecisionDepot

Del Valle v. More

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

California Supreme Court Oct 18, 1858 No. No. 1720Published

Before: Baldwin, Field, Terry

AI Brief

AI-generated · verify before citing

Holding. The court affirmed the denial of a motion to set aside a default judgment, ruling that a defendant's preoccupation with ranching duties is not a valid excuse for failing to appear at trial.

Issues

Whether a defendant's claim of being busy with ranching duties constitutes sufficient grounds to set aside a default judgment.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“We know of but one precedent when the possession of cattle and attention to them was offered as an excuse for nonattendance, and in that case it was held unavailing.”

Synopsis

APPEAL from First Judicial District, Los Angeles County.

FIELD, J. — When this case was called on the calendar the defendant failed to appear and the plaintiff had judgment. The defendant moved to set aside the judgment, alleging as an excuse for his neglect to appear at the trial “that he was extremely and necessarily busy upon his ranch in taking care of his cattle.” We know of but one precedent when the possession of cattle and attention to them was offered as an excuse for nonattendance, and in that case it was held unavailing.

We feel the less reluctance in affirming the order denying the motion inasmuch as the defendant states in his affidavit [67]that he is abundantly able to pay and satisfy the judgment. We are of opinion that he can safely pay it.

Judgment affirmed, with ten per cent damages.

We concur: Baldwin, J.; Terry, C. J.

Del Valle v. More

AI Brief

Synopsis

More from California Supreme Court

Related research

AI Brief