Peterson v. Weissbein Bros.

Citations

• 65 Cal. 42
• 2 P. 730
• 1884 Cal. LEXIS 434

Syllabus

<p>Equity — Legal Holiday.—A court of equity will not set aside a judgment of a court of law on the ground that the complaint was filed on a legal holiday, when there is no averment in the bill and nothing in the record to indicate that the debt for which the judgment was given was not justly due, and when it appears that the applicant for equitable relief had ample opportunity in that action, and negligently omitted to make the point now relied upon by him.</p> <p>Justices’ Court—Order — Presume.tion—Appeal.—An order of a justice of the peace refusing to set aside a sale of property under execution, will be presumed to have been correct unless the contrary appears. The party aggrieved could have the action of the justice reviewed by the Superior Court on appeal.</p>