¶1Upon the motion of the appellant to be admitted to defend the action, the respondent was permitted to file affidavits contradicting the allegation of merits contained in the moving papers. This is not proper practice. The order is reversed without costs, and the Court below directed to set aside the default, and permit the appellant to file an answer upon such terms as may be proper.
45 Cal. 53
Gracier v. Weir
Decided July 1, 1872
California Supreme Court · decided 1872-07-01
The action was commenced June 18th, 1872, and the summons was served on the defendant June 26th, 1872. Twelve days afterwards judgment by default was entered against the defendant. On the same day he moved for an order on the plaintiff to show cause why the default should not be set aside, the judgment vacated, and the defendant allowed to answer.
Good law ✅— No negative treatment on recordhow we know
Decided 1872-07-01
How this case has been cited
Cited by 12 later decisions — most recently February 1942
12 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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