Detray
Detray v. Chambers
Opinion
Lead Opinion
Barnard, J.
This is an action in equity, brought for the purpose of setting aside a judgment obtained by the defendant herein against these plaintiffs in another action now pending in the Superior Court of Los Angeles County. In that other action, Frank T. DeTray and Ethel B. DeTray were suing R. C. Chambers and his wife for damages growing out of an automobile accident. Chambers and his wife answered, and at the same time R. C. Chambers filed a cross-complaint naming Frank R. DeTray and Ethel B. DeTray as cross-defendants. A general demurrer to this cross-complaint was sustained as to the cross-defendant Ethel B. DeTray. Later, an amended cross-complaint was filed by R. C. Chambers, and a demurrer thereto was overruled on March 16, 1927. On April 8, 1927, there was filed a notice of the overruling of this demurrer, which bore upon it an admission of service of the same. No answer was filed to the amended cross-complaint, and on April 21, 1927, an order was filed asking that the default of che cross-defendants be entered.. Such a default was entered by the clerk on that day, and on February 3, 1928, a judgment for $800 and costs was entered on the cross-complaint. The court having refused…