Osborn v. Osborn

The motion to set aside the default herein was made pursuant to the provisions of section 473 of the Code of Civil Procedure and upon the grounds that the judgment was taken against defendant by reason of mistake, inadvertence, surprise and excusable neglect. The principal question for our determination is whether the trial court abused its discretion in denying the motion.

On June 16, 1953, plaintiff filed this action for divorce in Kern County. He was unable to obtain service of summons in California and after an order of publication had been secured, personal service of the summons and…