Foster v. Vehmeyer

This appeal is taken from an order setting aside a default judgment. The question presented is, Was the default prematurely taken? Defendant was served with summons by publication. The order for publication provided: “It is ordered that service of the summons in this action be made upon the defendant ... in the Pacific Bee, a newspaper published in said county of Sacramento; that such publication be made at least once a week for two months.” The first publication was made June 14th, and the last publication August 9th. The default was taken September 11th.

The default in this case could not be…