Leet v. Grants
SAMUEL T. LEET v. CONRAD GRANTS
- Area
- civil
- Panel
- Sprague (author)
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion — Sprague
By the Court, Sprague, J. :
In granting the order setting aside the judgment entered by default, upon the facts presented as the basis of the motion, the Court below seems to have very properly exercised its discretionary powers; but such order should have contained the statutory prerequisite to its taking effect, that applicant pay all costs accruing to the plaintiff in the cause up to the date of the filing and service of the motion. (Sec. 68 Practice Act; Howe v. Independence Company, 29 Cal. 74.)
With such modification the order should be permitted to stand, respondent paying the costs of this appeal.
So ordered, and cause remanded for further proceedings.