Taliaferro

The instant action of interpleader was originally filed in the municipal court and, upon the filing of two cross-complaints seeking relief beyond the jurisdiction of said court, was transferred to the court below. We are concerned here only with the “cross-complaint to determine adverse claims” filed against the cross-defendant Davis, respondent herein, and others, which set forth two separately stated causes of action and sought a declaration of the rights of the parties in respect to certain real property and also a judgment quieting the cross-complainant’s title thereto.

Following is a chronology of the procedural events pertinent here: On June 27, 1960, the cause was transferred to and filed in the court below; on August 2, 1960, respondent’s default was entered; on August 3, 1960, after a hearing, the matter was submitted on the cross-complaint; and, on October 27,1960, the court filed its memorandum decision, stating that appellant was entitled to certain relief and directing him to prepare a judgment in accordance with the views therein expressed. On November 4, 1960, respondent filed her “Notice of Motion for Order Setting Aside Default and Any Judgment Entered Thereon.”…