Dowling

This action was brought to foreclose a street assessment, and the appeal is taken by Moses and Ann Comer-ford, against whom judgment was entered upon default, from the judgment upon the judgment roll.

April 10, 1890, an amended complaint was filed and an amended summons issued. The amended summons required defendants to appear and answer “the complaint filed therein, or judgment by default will be entered against you according to the prayer of the complaint,” and they were notified “that if you fail to appear and answer the said complaint as above required, the said plaintiff will apply to the court for the relief ■ therein demanded.” It also contained a full and correct statement of the relief demanded in the complaint.

It is contended that summons must be issued “on” the original complaint, and if the complaint be amended, a copy of the amendment must be served on all defendants affected thereby. Sections 405, 416, and 432 of the Code of Civil Procedure are relied upon to support this proposition. Section 405 provides simply that an action is commenced by filing a complaint; section 416, that summons maybe served by delivering to defendant a copy of the summons and a copy of…