Zobel v. Zobel

This is an appeal from an order vacating a judgment entered upon default and granting defendant leave to answer.

The record shows that on May 28, 1904, plaintiff commenced an action in the superior court of San Diego County to quiet title to a lot of land in the city of San Diego. An affidavit and order for publication of summons were thereafter made and service of summons had on defendant by giving him a copy of the summons and complaint in Prescott, Arizona, on June 13, 1904. On June 24, 1904, defendant filed a general demurrer and answer to the complaint, but omitted to serve copies thereof…