Cuddahy

This is an action to foreclose a mortgage on real property in Inyo County. Defendant Connor appeals from the decree of foreclosure, given and made after the entry of his default."

Plaintiff, the holder of the mortgage and the promissory notes secured thereby, filed an amended complaint, making parties defendant, besides the mortgagor and maker of the notes, the defendant Connor and others, who, the complaint alleges, claim to have some interest in or lien upon the mortgaged premises as subsequent purchasers or encumbrancers. The summons was served upon Connor in Inyo County on January 25, 1917. Return on the summons was not made until February 12, 1917. Meanwhile, on February 7, 1917, or three days after the expiration of the ten days afforded him by the law within which to appear and answer or demur, Connor filed a demurrer to the amended complaint. Service of the demurrer was made on February 5, 1917, by mailing it at Los Angeles, addressed to plaintiff’s attorney at Bishop. Thereafter, on notice duly served and filed, plaintiff moved to. strike the demurrer from the files upon the grounds: (1) That it was not filed within the time allowed by law; (2) that it was not served…