OSBORN v. OSBORN

Docket No. 4944.

131 Cal.App.2d 191 (1955)

280 P.2d 60

WALTER OSBORN, JR., Respondent, v. VIRGINIA PATRICK OSBORN, Appellant.

Court of Appeals of California, Fourth District.

March 1, 1955.


Attorney(s) appearing for the Case

Jerry Giesler and Rexford D. Eagan for Appellant.

Vizzard, Baker & Sullivan and James Vizzard for Respondent.


MUSSELL, J.

The motion to set aside the default herein was made pursuant to the provisions of section 473 of the Code of Civil Procedure and upon the grounds that the judgment was taken against defendant by reason of mistake, inadvertence, surprise and excusable neglect. The principal question for our determination is whether the trial court abused its discretion in denying the motion.

On June 16, 1953, plaintiff...

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