Victor Power and Mining Co. v. Zerr

California Court of Appeal

Victor Power and Mining Co. v. Zerr

105 P. 761, 11 Cal. App. 503, 1909 Cal. App. LEXIS 120

CourtCalifornia Court of Appeal

DecidedOctober 18, 1909

DocketCiv. No. 652.

StatusPublished

This text of 105 P. 761 (Victor Power and Mining Co. v. Zerr) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Victor Power and Mining Co. v. Zerr, 105 P. 761, 11 Cal. App. 503, 1909 Cal. App. LEXIS 120 (Cal. Ct. App. 1909).

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Opinion

This is an action, ejectment in form, and the appeal is from the judgment and an order refusing to grant the motion of the defendant to set aside the default entered against him for failure to answer the complaint within the time allowed by the court upon overruling the demurrer to said complaint and to vacate the judgment entered upon said default.

The facts and the law pertinent thereto are, confessedly, similar to those in the case of the plaintiff herein against C. L. Cole — No. 651, ante, p. 497, [105 P. 758] — an opinion in which has this day been filed.

It therefore follows that, upon the authority of said case No. 651, the judgment and the order appealed from herein must be affirmed, and such is the order.

Chipman, P. J., and Burnett, J., concurred. *Page 505

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This is an action, ejectment in form, and the appeal is from the judgment and an order refusing to grant the motion of the defendant to set aside the default entered against him for failure to answer the complaint within the time allowed by the court upon overruling the demurrer to said complaint and to vacate the judgment entered upon said default.

The facts and the law pertinent thereto are, confessedly, similar to those in the case of the plaintiff herein against C. L. Cole — No. 651, ante, p. 497, [105 P. 758] — an opinion in which has this day been filed.

It therefore follows that, upon the authority of said case No. 651, the judgment and the order appealed from herein must be affirmed, and such is the order.

Chipman, P. J., and Burnett, J., concurred. *Page 505

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Bluebook (online)

105 P. 761, 11 Cal. App. 503, 1909 Cal. App. LEXIS 120, Counsel Stack Legal Research, https://law.counselstack.com/opinion/victor-power-and-mining-co-v-zerr-calctapp-1909.

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