1 Cal. Dist. Ct. 151
Decided July 15, 1857
California District Court · decided 1857-07-15
Motion to vacate judgment, and for leave to come in and defend upon the answer filed. Judgment was entered on verdict in favor of plaintiff, on the 11th Juné, for $400, value of certain cattle found to be wrongfully taken by defendant. The trial in this Court was ex parte, there being no appearance for defendant, hut an answer to the complaint was put on file.
Decided 1857-07-15
¶1did not tMnk the application addressed itself to favorable consideration on the ground on which it was presented. Reference to the affidavits filed showed a discrepancy as to the facts, and did not disclose sufficient cause to open the judgment; those in support of the motion being equivocal, and that on the part of the plaintiff positive in averments.
¶2Motion denied.