Diamond National Corp. v. Golden Empire Builders, Inc.

This is an appeal by plaintiff from an order granting a motion by defendants to set aside a clerk’s default and default judgment against all defendants. The grounds of the motion were (1) the defective service of summons and (2) that no judgment in this action could be made without exercise of judicial discretion, and that, consequently, the clerk’s judgment was void.

The complaint in its caption named a corporate defendant and four persons, purporting to sue them “individually, and doing business as Cal-Ore Construction Company.” In this caption the nature of the entity known as Cal-Ore…