Swift v. Canovan

Citations

• 47 Cal. 86

Syllabus

<p>Opening Default.—Where a defendant obtains an order extending his time to answer, but does not file or serve it, and the plaintiff being ignorant of the order, before the time expires takes judgment against him by default, the Court should, on payment of costs, open the default, and permit the defendant to answer.</p> <p>Obdeb Extending Time to Answeb.—Although the Code does not require an order extending time to answer to be filed or served, yet the more correct practice is to file and serve it.</p>