49 Cal. 101
Decided July 1, 1874
California Supreme Court · decided 1874-07-01
Action to recover judgment for services as an attorney at law, commenced October 16, 1872. The defendant demurred to the complaint, the demurrer was overruled, and time given to answer. He failed to answer within the time and his default was entered and judgment rendered against him on the 28th day of April, 1873.
Good law ✅— No negative treatment on recordhow we know
Decided 1874-07-01
Cited by 6 later decisions — most recently June 1966
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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¶1The defendant not having complied with the terms upon which the default and judgment had been set aside, both the default and judgment remained in force in the same manner as if the order for setting them aside had not been made.
¶2The second application to set aside the default and judgment came too late, it having been made more than five months after the adjournment of the term at which the judgment had been entered.
¶3Order of February 9, 1874, reversed. Remittitur forthwith.