Colquhoun

This is an action for the value of goods, wares, and merchandise alleged to have been sold and deliv ered by plaintiff’s assignors to the defendants Thomas W. Pack, T. O. Toland, and Henry B. Lee at their special instance and request.

The original summons was not served upon the defendant Lee. On February 4, 1913, a default judgment was entered against the defendant Pack. With this judgment as a basis, plaintiff, pursuant to the provisions of section 989 of the Code of Civil Procedure, procured the issuance of a summons directed to the defendant Lee, commanding him to show cause why he should not be bound by the judgment against Pack in the same manner as though he had been originally served with summons. Responding to this summons defendant Lee appeared in the action by filing an answer, in which, pursuant to the provisions of section 992 of the Code of Civil Procedure, he specifically denied any liability on the obligation upon which the judgment against the defendant Pack was recovered, and thereby put in issue all the material allegations of the plaintiff’s complaint as fully and effectively as he might have done in the first instance had the original summons been served upon…