Wylie v. Sierra Gold Co.

Citations

• 120 Cal. 485
• 52 P. 809
• 1898 Cal. LEXIS 794

Syllabus

<p>Judgment by Default—Extension of Time to Answer—Refusal to Vacate Judgment.—A letter of the plaintiff to an agent of the defendant corporation, stating that he had written to his attorney to give an extension of time to answer, and expressing a hope of a settlement by that time, is not sufficient of itself to constitute an extension of time; and the refusal of the court to vacate a judgment by default for failing to answer within the time previously limited, in the absence of a valid stipulation from plaintiff’s attorney, or of an order of court extending the time, is not an abuse of discretion.</p> <p>Id.—Presumbtion as to Knowledge of Law.—The agent and attorney for defendant must be presumed to have known the law that the letter of the plaintiff could not have the effect- to operate as an extension of time.</p> <p>Id.- Attorney and Client.—When a party appears and is represented by an attorney of record, his attorney has authority to control the cause, and the client cannot himself assume control thereof; and if he signs ' a stipulation dismissing the action, or extending time for any purpose, the stipulation will have no effect, and will be disregarded by the court.</p>