Coleman v. Rankin

Citations

• 37 Cal. 247

Syllabus

<p>Setting Aside Default.—An order denying or granting a motion to set aside a judgment by default on the ground of mistake, inadvertence, surprise or excusable neglect of the defaulting party, rests in the sound discretion of the Court, and, except in a plain case of abuse of this discretion, will not be disturbed by this Court on appeal.</p> <p>Idem.—Where the defaulting party discloses, in the case presented by him for an order to set aside such judgment, a degree of negligence, carelessness, and lack of diligence not to he predicated of a prudent business man in a matter of material concern to him, this Court will not on appeal disturb the order of the Court below denying such application.</p>