Young

Appeal from an order setting aside and vacating a default judgment rendered against defendant, and recalling an execution issued thereon.

The grounds of the motion on which the order was made were mistake, inadvertence, and excusable neglect in not answering plaintiff’s amended complaint; that the amended complaint changed the cause of action, and was not personally served on defendant, and on the further ground that the judgment was procured by fraud and without notice to defendant. It is not questioned by respondent that the judgment is regular on its face.

Appellant contends that the motion came too late, and ought not to have been granted on any of the grounds stated. It was filed six months and eleven days after judgment was entered.

1. Eespondent concedes appellant’s point as to the motion being too late on the grounds of defendant’s mistake, inadvertence, or excusable neglect, under section 473 of the Code of Civil-Procedure, but he contends that another provision of that section covers the case, to wit: “When, from any cause, the summons in an action has not been personally served on the defend *108 ant, the court may allow .... such defendant .... at any time within…