Ramont

This appeal is from an order denying the motion of defendant B. J. Biaggi, substituted as defendant for George Biaggi, “to quash the service of summons” on the latter and “to set aside and vacate the default and judgment against” him. The court ordered service of summons by publication upon George Biaggi. In lieu of such publication, he was personally served with a copy of the summons and complaint in’ the state of Arizona, which service, under the provisions of section 413 of the Code of Civil Procedure, “is equivalent to publication and deposit in the post-office.” The only question presented by the appeal is whether the affidavit for publication is sufficient. The affidavit reads as follows:

It is contended that the affidavit was insufficient because, in so far as appears from the record, it was made by a stranger to the action. It is only required that the necessary facts appear “by affidavit to the satisfaction of the court, or a judge thereof.” (Code Civ. Proc., sec. 412a; Rue v. Quinn, 137 Cal. 651, 655 [ 66 Pac. 216 , 70 Pac. 732 ].) In Gardner v. Steadman, 31 Cal. App. 447 [ 160 Pac. 834 ], it is said: “Section 396 of the Code of Civil Procedure provides that the…