Wood v. Johnston

This is an appeal from an order of court setting aside plaintiffs’ default for failure to answer defendants’ cross-complaint and vacating a judgment rendered thereon.

At the same time, and with their answer, defendants filed a cross-complaint wherein they asked for affirmative relief against plaintiffs. Copies of both the answer and cross-complaint were delivered to plaintiffs’ attorney, who acknowledged service thereof by indorsing thereon the following: “Received copy of the within answer and cross-complaint this 18th day of November, 1907,” followed by his signature as the attorney of…