Garner v. Erlanger

Citations

• 86 Cal. 60
• 24 P. 805
• 1890 Cal. LEXIS 972

Syllabus

<p>Setting aside Judgment byDefautt — Inexcusable Neglect — Failure to Examine Summons and Complaint.—A motion to set aside a judgment by default, based upon an affidavit showing that the defendant was sued in the county in which he was served with summons, upon a note dated and payable in another county, and that he took it for granted, without examining the papers, that he had been sued in such other county where the note was payable, and had thirty days in which to answer the complaint, and did not examine the papers or discover his mistake until after ten days had expired, when he left the papers with his attorney to prepare an answer, and was informed that the time for answer had expired, may be properly denied, upon the ground of inexcusable neglect and lack of diligence.</p> <p>Id. — Discretion—Review on Appeal.—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 will not be reversed on appeal unless a clear abuse of suck discretion is shown.</p>