Southern Pacific Railroad v. White
California Supreme Court Jan 2, 1883 No. No. 8532Published
Synopsis
Judgment by Default—Setting Aside—Discretion.—An order setting aside a judgment by default will not be disturbed on appeal, unless there is a showing made of an abuse of discretion.
By the COURT. In this case, which was ejectment, there was judgment by default for plaintiff against three defendants, who moved to set aside the judgment. The court granted the motion, on paying costs of motion and entry of judgment. From this order plaintiff appealed.
We have examined the affidavits on which the court set aside the judgment, and find no abuse of discretion which would warrant this court in interfering with the order vacating the judgment. This court only interferes with such orders when there is a manifest abuse of discretion.
Order affirmed.
More from California Supreme Court
- People v. Wende (1979)
- People v. Watson (1956)
- People v. Superior Court (Romero) (1996)
- People v. Kelly (2006)
- Auto Equity Sales, Inc. v. Superior Court (1962)
- Aguilar v. Atlantic Richfield Co. (2001)
- People v. Lewis (2021)
- In Re Estrada (1965)
- Denham v. Superior Court (1970)
- People v. Marsden (1970)