Del Valle v. More

California Supreme Court

Del Valle v. More

1 Cal. Unrep. 66

CourtCalifornia Supreme Court

DecidedOctober 18, 1858

DocketNo. 1720

StatusPublished

This text of 1 Cal. Unrep. 66 (Del Valle v. More) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Del Valle v. More, 1 Cal. Unrep. 66 (Cal. 1858).

Pincite

Opinion

FIELD, J.

— When this case was called on the calendar the defendant failed to appear and the plaintiff had judgment. The defendant moved to set aside the judgment, alleging as an excuse for his neglect to appear at the trial “that he was extremely and necessarily busy upon his ranch in taking care of his cattle.” We know of but one precedent when the possession of cattle and attention to them was offered as an excuse for nonattendance, and in that case it was held unavailing.

We feel the less reluctance in affirming the order denying the motion inasmuch as the defendant states in his affidavit [67]*67that he is abundantly able to pay and satisfy the judgment. We are of opinion that he can safely pay it.

Judgment affirmed, with ten per cent damages.

We concur: Baldwin, J.; Terry, C. J.

Free access — add to your briefcase to read the full text and ask questions with AI

FIELD, J.

— When this case was called on the calendar the defendant failed to appear and the plaintiff had judgment. The defendant moved to set aside the judgment, alleging as an excuse for his neglect to appear at the trial “that he was extremely and necessarily busy upon his ranch in taking care of his cattle.” We know of but one precedent when the possession of cattle and attention to them was offered as an excuse for nonattendance, and in that case it was held unavailing.

We feel the less reluctance in affirming the order denying the motion inasmuch as the defendant states in his affidavit [67]*67that he is abundantly able to pay and satisfy the judgment. We are of opinion that he can safely pay it.

Judgment affirmed, with ten per cent damages.

We concur: Baldwin, J.; Terry, C. J.

Cite This Page — Counsel Stack

Bluebook (online)

1 Cal. Unrep. 66, Counsel Stack Legal Research, https://law.counselstack.com/opinion/del-valle-v-more-cal-1858.