Hartman v. Olvera
California Supreme Court
Hartman v. Olvera, 49 Cal. 101 (Cal. 1874)
Hartman v. Olvera
Opinion of the Court
The defendant not having complied with the terms upon which the default and judgment had been set aside, both the default and judgment remained in force in the same manner as if the order for setting them aside had not been made.
The second application to set aside the default and judgment came too late, it having been made more than five months after the adjournment of the term at which the judgment had been entered.
Order of February 9, 1874, reversed. Remittitur forthwith.
Reference
- Full Case Name
- ISAAC HARTMAN v. AUGUSTIN OLVERA
- Cited By
- 7 cases
- Status
- Published
- Syllabus
- Conditional Obdbb Setting Aside a Default.—If an order is made setting aside a judgment and default on condition that the moving party pay to the other a sum of money, and serve and file an answer within a certain time, the conditions must be complied with within the time fixed, or the judgment will remain in force in the same manner as if the order setting them aside had not been made. Motion to Set Aside a Default.—An application to set aside a default and judgment must be made within five months after the adjournment of the term at which the judgment is entered.