California Court of Appeal March 9, 1951, Civ. 18176 (Cugat v. Cugat)

HANSON, J. pro tem.

The question we are called upon to decide is whether the defendant in a divorce action who was not served with summons and who appeared therein only specially with a motion to vacate certain prior orders entered against him without legal notice thereof may appeal from the order denying his motion.