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Wakelee v. Davis

62 Cal. 514 Court Department Two.] Decision date 1881-02-05 Docket No. 5,817 English

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p. 514
[No. 5,817.
Department Two.]
February 5, 1881.
HENRY P. WAKELEE v. ERWIN DAVIS.

Headnote

Vacation of Judgment—Jubisdiction.—An order vacating a judgment entered more than three years previously reversed on the authority of Bell v. Thompson, 19 Cal. 706 , and other cases.
Appeal from an order in the Fifteenth District Court of the City and County of San Francisco.
A petition for hearing in Bank was filed in this case after judgment, and denied.
W. S. L. Barnes, for Appellant.
G. Dorsey, for Bespondent.

This is an appeal from an order made July 10,1877, granting defendant’s motion to the extent of vacating and setting aside a judgment against him, and allowing him to plead his final discharge in bankruptcy. The judgment was recorded November 18, 1873, and the notice of the motion was given April 12, 1877. On the authority of Bell v. Thompson, 19 Cal. 706 ; Casement v. Ringgold, 28 id. 335; Sanchez v. Carriaga, 31 id. 170, and Murdock v. De Vries, 37 id. 527, the order is reversed.

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