Wood

This is an action tó foreclose a mortgage in which the complaint was filed on May 19, 1930. The return of summons shows personal service on the various defendants on May 28 and May 31, 1930, respectively. Judgment was entered on December 29, 1930. On October 20, 1931, the defendants filed what they designated as a “Notice of Motion for Opening Default” in the body of which notice was given that on October 26, 1931, they would move to have “the judgment entered by default against the defendants” set aside. This motion came on for hearing at the time named and an order was entered denying the motion, from which order this appeal is taken.

The first contention seems to be that this motion was made upon the general ground that the appellants had never been served with summons in any manner and was not made under section 473 of the Code of Civil Procedure, and, therefore, that the court erred in permitting evidence at the hearing which tended to show that the appellants had knowledge of the pendency of this action before judgment was entered. For the presént purposes it may be conceded that a motion may be made, independently of section 473 of this code, to set aside a judgment upon…