Dodge v. Hess

In this case a “money demand” summons (Rev. Code 1919 § 2331, subd. 1) was served; later a complaint based upon a cause of action in tort was served. On the 31st day thereafter the defendant’s caused to be served upon plaintiff’s attorneys a notice of appearance (R’ev. Code 1919 § 23132!) and an order to show cause, together with the affidavit on which the order was based, why the complaint should not be stricken because of a variance between it and the summons. Upon the hear*68ing the trial court denied the motion upon the ground that a general appearance had been made by defendants in the…