Vallejo v. Green

Decided July 1, 1860

California Supreme Court · decided 1860-07-01

Suit for money had and received. Defendant demurred. The demurrer was overruled, and forty days from June 29th, 1859, were given for answer. August 10th, 1859, plaintiff applied, in writing, to the Clerk, for default and judgment, and previously, on the same day, defendant filed an answer.

Good law ✅— No negative treatment on recordhow we know

Decided 1860-07-01

How this case has been cited

Cited by 4 later decisions — most recently May 1959

4 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Cope, J. delivered the opinion of the Court

¶1Baldwin, J. concurring.

¶2This is an appeal from an order setting aside a judgment. An order had been previously made by the Court, requiring the plaintiff to appear at a certain time and show cause why the judgment should not be set aside. It does not appear that a copy of this order was served either upon the plaintiff or his attorney, or that any notice was given of the time at which the matter was to be heard. The plaintiff did not appear, and the judgment was set aside. We think that under these circumstances the order was erroneous, and should be reversed. The cause is remanded for such further proceedings as the parties shall be advised to take.

¶3Ordered accordingly.