Salmonson

Plaintiff appeals from an order of court granting defendant’s motion to set aside his default and vacate the judgment rendered thereon against him. ■

Respondent assigns several grounds upon which he insists the record herein is not entitled to be considered upon this appeal for any purpose. We deem it unnecessary to pass upon this contention, for the reason that, accepting the record at appellant’s valuation thereof, it discloses no. error in the ruling of the court.

As appears from the transcript the complaint was filed November 9, 1908. No summons was ever served upon defendant. On November 13, 1908, defendant caused to be served upon plaintiff’s attorney a notice as follows: “You and each of you will please take notice that the defendant herein hereby excepts to the sufficiency of the sureties upon the undertaking heretofore given by said plaintiff in said action to secure an attachment therein, and demands that said sureties justify as required by law. Goldberg & Meily, Attorneys for Defendant.’’ On December 14th, in the absence of service or filing of any other documents on behalf of defendant, the clerk entered defendant’s default, the ground assigned therefor being that…