Vallejo v. Green

California Supreme Court

Vallejo v. Green

16 Cal. 160, 1860 Cal. LEXIS 196

California Supreme Court·Decided July 1, 1860·Published·Cited by 4 cases

Opinion

Cope, J. delivered the opinion of the Court

Baldwin, J. concurring.

This is an appeal from an order setting aside a judgment. An order had been previously made by the Court, requiring the plaintiff to appear at a certain time and show cause why the judgment should not be set aside. It does not appear that a copy of this order was served either upon the plaintiff or his attorney, or that any notice was given of the time at which the matter was to be heard. The plaintiff did not appear, and the judgment was set aside. We think that under these circumstances the order was erroneous, and should be reversed. The cause is remanded for such further proceedings as the parties shall be advised to take.

Ordered accordingly.

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

Cope, J. delivered the opinion of the Court

Baldwin, J. concurring.

This is an appeal from an order setting aside a judgment. An order had been previously made by the Court, requiring the plaintiff to appear at a certain time and show cause why the judgment should not be set aside. It does not appear that a copy of this order was served either upon the plaintiff or his attorney, or that any notice was given of the time at which the matter was to be heard. The plaintiff did not appear, and the judgment was set aside. We think that under these circumstances the order was erroneous, and should be reversed. The cause is remanded for such further proceedings as the parties shall be advised to take.

Ordered accordingly.

Vallejo v. Green, 16 Cal. 160, 1860 Cal. LEXIS 196 (Cal. 1860).

Pincite

16 Cal. 160 (Vallejo v. Green) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related