Walsh v. Hutchings

Myrick, J.:

This is an appeal from an order setting aside a default judgment entered against the defendant. The action was commenced in the District Court in and for the county of Merced, and the summons was served on the defendant in the city and county of San Francisco, October 11, 1879. The default and judgment were entered by the Clerk November 26, 1879. The defendant moved to vacate the judgment and set aside the default, and for leave to answer, which motion was granted *229by the Court. Papers appear in the transcript as printed purporting to be an affidavit of the defendant, and a counter…