People v. One 1948 Oldsmobile

The State appeals from an order granting respondent’s motion to set aside a default judgment.

On March 27, 1956, the State commenced proceedings to *379forfeit an automobile belonging to respondent for illegal transportation of narcotics. Respondent was given the required notice of this proceeding and, having failed to file an answer within 20 days, on April 27, 1956, a decree of forfeiture was made and entered pursuant to section 11616, Health and Safety Code.

On June 1, 1956, respondent filed a motion to vacate this judgment pursuant to Code of Civil Procedure, section 473. The motion was…