Weisenborn v. Neumann

Citations

• 60 Cal. 376
• 1882 Cal. LEXIS 470

Syllabus

<p>Discretion of Court in Setting Aside Judgment—Mistake—Amendment to Complaint—Promissory Note—Demurrer.—In an action to foreclose a mortgage the Court below set aside a judgment against the plaintiff entered upon a demurrer to the complaint, and permitted the plaintiff to file an amendment to his complaint setting up a mistake in drawing up the note sued upon.</p> <p>Held: Assuming that the Court may in a proper ease grant relief against a final judgment on demurrer, the circumstances attending the case in hand did not justify such action.</p>