Bank of Ukiah v. Reed

Citations

• 6 Cal. Unrep. 604
• 63 P. 68
• 1900 Cal. LEXIS 1117

Syllabus

<p>Default—Where There is a Conflict of Evidence Submitted on a Motion to set aside a default, the determination of the court denying the motion will not be reviewed on appeal.</p> <p>Default.—Where a Written Memorandum of an Agreement between the parties to a suit is executed, in which is expressed the consent of defendants that their defaults be entered, and an agreement on the part of plaintiff not to take judgment until a certain time, the burden of proof is on defendants to show that they were entitled to a further notice, and to additional time beyond the date expressed in the memorandum, before judgment could properly be entered against them by default.</p>