Babcock

Action to annul a judgment of the superior court upon the ground that appellant, who was a defendant in that action and who never appeared therein, was never served with any summons or complaint in that action.

On the trial of this present action the court found that in the former action a true and correct copy of the summons and complaint was served, as shown by the return contained in the judgment-roll, and that the default and judgment were regularly and duly entered. The appeal rests entirely upon the contention that the evidence is not sufficient to sustain the findings of fact.

Appellant testified that' she never was served with a copy of summons and complaint, or with a summons and complaint, in the former action, and did not learn that there had been any such action until a time nearly three years after the judgment had been entered. The testimony of her brother and of her husband is corroborative of appellant’s testimony in this, that she never mentioned the said former action to either of them, and that their relations with her were such that probably the case would have been discussed with them if the summons had ever been served upon Mrs. Johnson. Such, at least,…