Aalwyn's Law Institute v. City of San Francisco

Defendant moves to dismiss the appeal. From the record it appears that this is an action brought to recover the sum of $9,592.50 for taxes alleged to have been paid in excess of the dollar limit as provided in section 11, chapter I, article III, of the charter of the city and county of San Francisco. Defendant suffered default for failure to answer, after demurrer sustained, upon which a judgment was entered by the clerk of the court on July 13, 1915, Thereafter, upon motion of defendant, the default judgment was vacated and set aside by an unconditional order of the superior court to that effect, made December 20, 1915. On the day following the court made an order amending the order of December 20, which amended order is in words and figures following, to wit:

On December 24, 1915, a tender of the said sum of ten dollars, specified in said conditional order, was duly made by defendant and by plaintiff’s counsel refused. The court, thereupon, on April 1, 1916, made its final order vacating said default and default judgment. From this order of April 1st an appeal was taken to the supreme court on the ninth day of June, 1916, but said appeal was thereafter dismissed by said court…