Irvine v. Davy

Decided March 30, 1891

California Supreme Court · decided 1891-03-30

The action was brought by the plaintiffs as trustees under the will of James Irvine, deceased, to quiet the title to certain real property alleged to have been set apart to them as trustees by the order of the superior court sitting as a court of probate.

Cited by 3 later decisions — most recently October 1921

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1891-03-30

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Sharfstein, J.

¶1The demurrers to the complaint, on the ground that it did not state facts sufficient to constitute a cause of action, were properly overruled.

¶2The default of the defendants for failing to answer the complaint within the time allowed bylaw for]answering was properly entered. The filing of an answer after the default had been entered did not affect the default.

¶3The motion to set aside said default was properly denied, no ground appearing for setting said default aside.

¶4Judgment affirmed.

¶5McFarland, J., and De Haven, J., concurred.