Barnett

This is an appeal from an order setting aside defendants’ default, vacating the judgment thereon, and quashing the alleged service of summons upon defendants. The question presented here involves the alleged service upon defendants of an amended complaint. The default of defendants was duly entered on July 8, 1929, and judgment thereon entered upon July 9, 1929. An affidavit purporting to show due and regular personal service of the summons and complaint appears in the record. On February 2, 1930, defendants served their notice to set aside the default theretofore entered and to vacate the judgment. This motion came on regularly to be heard on February 13, 1930, and was granted by the court. From this order the appeal is taken.

Appellant questions the jurisdiction of the court to grant the order, contending that a period of more than six months had elapsed since the entry of the judgment, and further objects that respondents upon said motion failed to comply with section 473 of the Code of Civil Procedure in that no copy of their proposed pleading was filed. At the hearing had upon this motion defendants filed affidavits in which they denied that they or either of them had ever…