Fallon & Co. v. United States Overseas Airlines, Inc.

VALLÉE, J.

Appeal from an order denying a motion to set aside a default, the entry of default, and the judgment entered pursuant thereto.

The complaint was filed August 20, 1959. Summons and complaint were served on a vice-president of defendant on September 29,1959, in Oakland, California. Defendant having failed to appear in the action, the clerk on November 3, 1959, at the request of counsel for plaintiff, entered the default of defendant. The judgment appealed from is not in the clerk’s transcript. Inasmuch as the parties agree that a judgment was entered, we have augmented the record to…