Stub v. Harrison

GRIFFIN, J. —

This is an appeal from an order vacating a default and a default judgment. The action was brought by the plaintiff to recover damages alleged to have been sustained by him in an automobile collision. It was filed on April 12, 1939. Defendant M. E. Harrison was a resident of Los Angeles County and summons and complaint were served on him in that county on May 10, 1939. As is shown by the affidavits on file in this action, the defendant promptly delivered the papers to his insurance carrier in the city of Los Angeles, which by the terms of its insurance contract undertook the…