Airline Transport Carriers, Inc. v. Batchelor

SCHOTTKY, J. pro tem.

On March 31, 1949, respondent filed an amended complaint in the city and county of San Francisco to recover judgment against appellant for money had and received for the use of respondent. Service of summons was made upon appellant in the county of Los Angeles on April 11, 1949. Clerk’s default was entered on May 13, 1949. On July 7, 1949, a default judgment was entered against appellant. On September 30, 1949, appellant served and filed a notice of motion to set aside the default judgment on the grounds of surprise, inadvertence and excusable neglect. With said notice…