Bronston

In this action on a promissory note, defendant appeals from the order denying defendant’s motion “to set aside a default judgment.”

The summons and complaint were served on defendant personally on March 5, 1960, in Los Angeles County. On *814 March 16, 1960, plaintiff’s request for entry of default was filed. Judgment by default by clerk was filed and entered on March 21, 1960.

On March 29, 1960, defendant filed a document entitled, “Motion,” which stated that defendant “moves the court that the default judgment ... be set aside and vacated,” and that the “motion is made upon the ground of provisions of Section 473 of the Civil Code of Procedure.”

Also on March 29, 1960, a “notice of Motion” was filed, which stated that defendant would make a motion on April 8, 1960, “that the default judgment heretofore entered by plaintiff be set aside and vacated.” That notice also stated that the motion would be made upon the grounds that the judgment was entered through the mistake, inadvertence, and excusable negligence of counsel for defendant, and upon the records “and demurrer concurrently filed herein.”

The demurrer, which was so filed, recited that it was made upon the ground that…