# Brown v. Leavenworth

> San Fransisco District Court · December 15, 1857 · 2 Cal. Dist. Ct. 87

URL: https://www.frixlaw.com/law-library/cases/6105078

## Case

- **Full name:** BROWN v. LEAVENWORTH
- **Court:** San Fransisco District Court
- **Decided:** December 15, 1857
- **Citations:** 2 Cal. Dist. Ct. 87
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Hauer
- **Judges:** Hauer
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6105078

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6105078. Public record. Not legal advice.