California Supreme Court March 31, 1897, L. A. No. 142 (Miller v. Carr)

Haynes, C.

This appeal is from a judgment by default, and from an order denying defendant’s motion to vacate said judgment and default.

The action was commenced in the superior court of Kern county, June 20, 1895, and the summons was *380served upon the defendant at the city and county of San Francisco by the sheriff thereof on the twenty-fourth day of the same month, as shown by the return of