Rauer v. Wolf

Citations

• 115 Cal. 100
• 46 P. 902
• 1896 Cal. LEXIS 980

Syllabus

<p>Relief against Judgment—Construction of Code—Discretion.—Applications for relief, under section 473 of the Code of Civil Procedure, from a judgment, order, or other proceeding taken against the applicant through his mistake, surprise, or excusable neglect, are addressed to the sound legal discretion of the trial court; and its action in granting or refusing such an application will not be disturbed on appeal, unless it clearly appears that the court abused its discretion.</p> <p>Id,—Dismissal of Action—Failure to File Amended Complaint— Order Refusing Relief—Discretion not Abused.—The affidavits and counter affidavits, upon an application to set aside a judgment of dismissal of an action for failure to file an amended complaint within the time limited therefor, after the sustaining of a demurrer to the complaint, reviewed, and held that, under the showing made, in view of all the facts in the case, there was no abuse of discretion in an order refusing the relief applied for.</p>