Ford v. Herndon

Opinion

EVANS, J.

Defendant appeals from an order denying his motion made pursuant to section 473 of the Code of Civil Procedure seeking to vacate entry of default and to set aside a default judgment. A paternity action was brought against defendant by plaintiff Sarah Ford, alleging him to be the father of her child born out of wedlock and seeking support for the child. Summons and complaint was served on defendant on August 31, 1973. He failed to answer or otherwise appear within the statutory time; on April 4, 1974, notice of request to enter default was mailed to defendant at his last known…