Kahn

This is an appeal from a judgment of the superior court in and for the city and county of San Francisco foreclosing a mortgage, executed by the defendant upon certain real estate in said city and county, to secure the payment of a promissory note made by defendant January 17, 1891, for two thousand dollars, payable to the plaintiff Sophie Kahn,' with interest as specified, one year after date.

Defendant appeals from the judgment, and brings the cause up on the judgment-roll, without any bill of exceptions.

The complaint was filed January 3, 1894, and a summons issued,'which, not being personally served, on February 20, 1894, an order for publication of sum' mons was made, upon due proof of publication of which, and upon proof that a copy of said summons and copy of the complaint had been forwarded to defendant by United States mail prepaid, etc., the default of defendant for failure to answer was entered May 27, 1895, and thereafter and on January 6, 1896, judgment was entered by the court in the usual form for foreclosure of the mortgage. The original summons is not found in the judgment-roll.

Two points are urged in favor of reversal: 1. That the judgment and clerk’s entry of…