Heinlen v. Centerville & Kingsbury Irrigation Ditch Co.
California Supreme Court Jul 26, 1884 No. No. 8700Published
Synopsis
Default—Setting Aside for Accident and Surprise.—Where defendant answers, but, failing to appear at the trial, judgment was rendered for plaintiff, there was no abuse of discretion on the part of the court below in granting defendant’s motion to vacate the judgment and award a new trial, on the grounds of accident and surprise.
By the COURT. There was no abuse of discretion on the part of the court below in granting defendant’s motion to vacate the judgment and award the defendant a trial.
Order affirmed.
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