City of Pacific Grove v. Hamilton

WOOD (Fred B.), J.

Defendant appeals from an order of the superior court denying his motion made under the provisions of section 473 of the Code of Civil Procedure to set aside a default judgment.

The action is by the city for sewer rental charges, at the rate of $15 per year for a period of two years, for use of municipal sewer lines outside the city limits. Summons was served upon appellant on September 13, 1948. On January 5, 1949, respondent requested the clerk of the court to enter the default of appellant. On January 6, 1949, the default of appellant for failure to appear and answer the…