Reese v. Mahoney

Citations

• 21 Cal. 305

Syllabus

<p>Verbal stipulations with reference to proceedings in pending actions cannot be regarded except so far as they are admitted by the parties against whom they are sought to he enforced.</p> <p>Patterson v. Ely (19 Cal. 35) affirmed on this point.</p> <p>A defendant who, having suffered a default, has obtained from the plaintiff a stipulation that the default may be set aside, must use reasonable diligence in. applying to the Court for the relief contemplated, or his right to it will be lost. An unexplained delay of seven years in making the application will justify the Court in refusing to enforce the stipulation.</p> <p>An application to open a default must be accompanied by some showing of merits. In the absence of such showing it will be denied.</p>