Roehl

This is an appeal on the judgment-roll from a judgment rendered by the court after the entry of the default of the defendant and appellant, The Texas Company, following its failure to appear or answer the complaint filed in the superior court against it within ten days after the service, or attempted service, of summons upon it.

Two reasons for a reversal are urged:

So far as the second point is concerned, it is the same made and decided adversely to appellant by our opinion this day filed in the appeal involving the same parties, numbered Fourth District, Civil No. 264 (ante, p. 691 [ 291 Pac. 255 ] ; Supreme Court, L. A. No. 11073), taken from an order of the superior court in the same action, refusing to quash service of the summons.

In the further appeal, however, in the same action entitled Fourth District, Civil No. 265 (ante, p. 708 [ 291 Pac. 262 .], Supreme Court, L. A. No. 11074), we are this day reversing an order of the superior court which denied the motion of defendant and appellant' made under section 473 of the Code of Civil Procedure, grounded on the inadvertence, surprise and excusable neglect of itself and its counsel, to open, vacate and set aside both the…