Doxey v. Doble

Plaintiff obtained a default judgment against the defendant based on constructive service of summons in an action to recover a sum of money claimed to be due for labor and materials; and subsequently, on defendant’s motion and pursuant to the provisions of section 473a of the Code of Civil Procedure, the trial court made an order setting aside the judgment and granting defendant leave to answer. Plaintiff appealed from the order, and as first ground for reversal contends that the trial court did not exercise its jurisdiction in making said order within the limitation of time fixed therefor by…