Chapin

This is an appeal from an order setting aside a judgment made after the time for appeal had elapsed and after the time when a motion to vacate the judgment might have been made under the provisions of section 473 of the Code of Civil Procedure. This court heretofore, on January 24, 1918, rendered its judgment on the appeal and reversed the order, but thereafter granted the petition of W. W. Chapin, the respondent, for a rehearing, and has heard further argument upon some of the questions involved.

In view of the. fact that the judgment here attacked could properly have been set aside only in the event that it was void on its face, but two of the points discussed in the briefs and upon the arguments will require consideration at this time.

Respondent contends, in support of the action of the trial court in setting aside the judgment recovered against him, that the judgment was void on its face, and this for two reasons, namely, that the complaint failed to state facts sufficient to constitute a cause of action against him, and that the proof' of service of notice of the overruling of his demurrer was insufficient.

From the record it appears that the plaintiff brought suit…