Scellars

La Bonte Ransom Co., Inc. v. Scellars

Good Law
1928 Cal. App. LEXIS 70·90 Cal. App. 183·265 P. 550
Court of Appeal of CaliforniaMarch 16, 1928Docket No. 4958.California525 words

Opinion

Lead Opinion

Hazlett, J.

In this case defendant failed to answer within the time allowed by law after service of the summons and complaint, his default was taken and judgment was entered against him pursuant thereto. He moved to have the default judgment set aside under the provisions of section 473 of the Code of Civil Procedure, on the ground of mistake, inadvertence, or excusable neglect, which motion was denied, and he appeals.

The appeal was made pursuant to the alternative method provided for.in sections 953a, 953b, and 953c of the Code of Civil Procedure, but appellant did not print in his brief or in a supplement thereto any part of the record. He mentions in his brief his notice of motion to be relieved from the default, the affidavits made in support of and in resistance to the motion, and the order of the court denying the motion. Respondent printed in his brief an affidavit made in resistance to the motion. The provision of section 953c, requiring appellant to so print such portions of the record as he desired to call to the attention of the court, was not complied with, and the affidavit presented by respondent does not aid appellant in this appeal.

Therefore the record properly before us…

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