Shearman v. Jorgensen

Citations

• 106 Cal. 483
• 39 P. 863
• 1895 Cal. LEXIS 630

Syllabus

<p>Default Judgment—Failure to Answer—Mistake of Attorney—Service by Mail.—A judgment by default, rendered upon the failure of the defendant to answer within the time limited, after the attorney had been properly served by mail with a notice of the overruling of a demurrer to the complaint, should not be vacated merely on the ground of the mistake of the attorney in believing that such a service was unauthorized by law. If vacated on such ground, the order will be reversed on appeal.</p> <p>Id.—Receipt of Notice—Personal Service.—The receipt of a notice served by mail is legally equivalent to a personal service.</p> <p>Id.—Inadvertence How Alleged.—A judgment by default cannot be set aside upon a mere abstract allegation of inadvertence of the attorney in serving or filing the answer. The reason for the inadvertence must he stated.</p>