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Potter v. City of Compton

15 Cal. App. 2d 238 Court Second Appellate District, Division One. Decision date 1936-07-07 Docket Civ. No. 10800 English

Delivered by SHINN, J., pro tem.

Contents

Majority

p. 238
[Civ. No. 10800.
Second Appellate District, Division One.
July 7, 1936.]
THOMAS J. POTTER, Respondent, v. THE CITY OF COMPTON (a Municipal Corporation) et al., Appellants.
p. 239
Ralph K. Pierson, City Attorney, Mitchell & Johnson and James IT. Mitchell for Appellants.
Swaffield & Swaffield, Kenneth Sperry and Joseph E. Madden for Respondent.

Appellants challenge the jurisdiction of the trial court to grant relief from the default of respondent, resulting from his inadvertent failure to file his memorandum of costs within the statutory time after notice of entry of judgment. Upon authority of Soda v. Marriott, 130 Cal. App. 589 [ 20 Pac. (2d) 758 ], we hold that the court had jurisdiction to make the order appealed from, and it is therefore affirmed.

Houser, P. J., and Doran, J., concurred.

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