Thompson

Judgment by default having been entered against the defendants, they moved the court to set aside the default and vacate the judgment, on the ground that said default was taken as a result of mistake of law and surprise of the attorneys for the defense. This appeal is from an order granting that motion.

The action is one commenced in the county of Los Angeles to recover money alleged to be due under a contract for personal services. The summons was served on the defendants in the county of Orange on October 24, 1921. Summons was returned on November 25th, and the default and judgment by default were entered December 5, 1921.

On the seventh day of December, 1921, pursuant to notice duly given on the twenty-fifth day of November and their special appearance for that purpose, the defendants moved to quash the service of summons because of certain alleged defects in the copies of summons and complaint which had been delivered to them. That motion having been denied, they then made the motion whereby they sought relief under the provisions of section 473 of the Code of Civil Procedure. From the affidavits on this motion it appears that Mr. Lyon, one of the attorneys of the…