Cromwell v. Heward

1 Citing case

  1. Heward v. Cromwell

    216 Cal.App.2d 613 (Cal. Ct. App. 1963)   Cited 5 times
    In Heward v. Cromwell, 216 Cal.App.2d 613 [ 31 Cal.Rptr. 249], the court declared that the period between the entry of the default judgment and its subsequent vacation would not be considered part of the five-year period within which plaintiff was required to bring his action to trial.

    On July 1, 1955, Heward demanded that defendant Cromwell pay him the amount of the default judgment. Cromwell, who had previously been unaware of the judgment against him, then brought an independent action in equity to set aside the default judgment (see facts set forth in Cromwell v. Heward (1959) 169 Cal.App.2d 88 [ 337 P.2d 151]). For a clear understanding of our determination, it is necessary to detail the proceedings in that equity action and the appeal therefrom.