Alpha Stores, Ltd. v. You Bet Mining Co.

The defendant has appealed from a. default judgment which was entered against it by the clerk, on the ground that the judgment is void for the reason that the summons was not served in the manner provided by section 411 of the Code of Civil Procedure. A bill of exceptions shows that upon motion to vacate the judgment, the plaintiff was permitted to, and did, amend the affidavit of service of summons to conform to the provisions of the statute.

The complaint, which is based on an indebtedness due to plaintiff as shown by an open book account, was filed in Nevada County, August 14, 1935. Summons…