Watts v. D. & B. Oil Co.

The plaintiff in this case, as assignee of a series of notes and a claim for money, secured a judgment by default against the defendant, a California corporation, on March 24, 1942. Counsel for defendant, appearing specially four months later, on July 23, 1942, gave notice of his intention to move to vacate the default entered in the action, as well as the default judgment, and to quash the purported service of summons. On August 27, 1942, the trial court denied said motion “without prejudice to the filing of a motion under Section 473 of the Code of Civil Procedure.”

Counsel for appellant…