Hicks

If, as we held in Merced Co. v. Hicks, 67 Cal. 108 , 7 Pac. 179 , the order vacating the judgment against the respondents was properly made on the ground that they had not been served with summons or appeared in the action, it necessarily follows that the refusal to make an order that said respondents should answer the complaint was not error.

Order affirmed.