Roehl

Defendant and appellant The Texas Company failed to appear or answer the complaint filed in the superior court by plaintiff and respondent within ten days after July 27, 1928, on which date, in an attempt to serve it with summons and complaint, copies of the same had been delivered in San Diego County, California, to one Lorden, described in the sheriff’s return as its “district managing agent.” Its default was entered accordingly on August 9, 1928, and judgment rendered against it on August 11, 1928. Thereafter on September 1, 1928, it filed its notice of motion to set aside the default and judgment and on September 17, 1928, made its motion in open court accordingly. The motion was denied and this appeal is taken from the order denying it. The grounds of the motion were threefold. First, that the judgment is void on its face; second, that defendant and appellant was not validly served; and third, that the default and judgment were entered through the mistake, inadvertence, surprise and excusable neglect of defendant and appellant and its counsel. The first of these contentions was, we think, unsound. In an opinion, this day filed, in an appeal arising out of the same action,…