People Ex Rel. Bray v. City of Barnes

By complaint filed on the fourteenth day of February, 1927, 'plaintiff commenced this action in quo warranto to have it adjudged that the proceedings purporting to incorporate the City of Barnes City are illegal and void; that the defendant be ousted and excluded from all municipal corporate rights, privileges and franchises over the described territory; and that said territory be adjudged to be unincorporated territory of the county of Los Angeles. Certain stipulations were filed, signed by the attorneys for plaintiff and the city attorney of defendant, extending the time of defendant to plead to the complaint. The time allowed having expired the default of the defendant was regularly entered on the seventh day of May, 1927. Pursuant to said default, judgment was entered on August 9, 1927, in accordance with the prayer of the complaint.

On August 11, 1927, the city of Los Angeles entered a special appearance by its city attorney and gave notice of two motions to be made on August 18th. One motion was for an order vacating the default and setting aside the judgment, upon the ground that the default and judgment were attempted to be taken against a defendant which by operation of…