McNeill

This is an appeal from an order denying a motion to set aside a default judgment.

The record in this case shows that on the fourteenth day of August, 1925, the plaintiff was injured by an automobile driven by the defendant. The action herein was begun on the twelfth day of August, 1926; summons was served on the defendant on the seventeenth day of August, 1926, personal service being made upon the defendant in the county of Orange, by delivering to and leaving with the defendant a true copy of the summons attached to a true copy of the complaint in said action. The record shows that, the service was made by a person duly qualified to make such service. Thereafter, no appearance having been made by the defendant, on the twentieth day of September, 1926, default was entered in said action, and on April 5, 1957, after the hearing of witnesses in open court, judgment was entered against the defendant in the sum of $3,012. Thereafter, and on November 25, 1927, defendant moved to vacate the judgment on the ground of defendant’s mistake, inadvertence, surprise or excusable neglect, and upon the ground that the judgment was obtained by extrinsic fraud. The record shows that this motion…