Opinion

Brown v. Leavenworth

  • 2 Cal. Dist. Ct. 87
Court
San Fransisco District Court
Filed
Dec 15, 1857
Status
Published
Author
Hauer
On the bench
Hauer
Cited by
0 cases

The opinion

HaueR, J.

— The affidavit relied upon for opening the default is made by the attorney, and the material allegations are mostly upon the information of the defendant, Leavenworth. As I ruled in the case of Smiley v. Fulda * the allegations should be positively sworn to, or, if upon information and belief, the affidavit of the informant should also be procured. Leavenworth should have made or joiagd in this affidavit, to entitle it to a favorable consideration. Motion denied.

Ante p. 84.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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