Amparan

Petitioner, who is the defendant in the action entitled Oscar Frank Amparan v. Ruth Marjorie Amparan, number NE D 9774, pending in the respondent court seeks a writ of mandate from this court pursuant to Code of Civil Procedure, section 416.3, requiring the respondent court to enter an order quashing the service on her of the summons in that action.

The real party in interest, herein referred to as plaintiff, filed a complaint for divorce from petitioner, herein referred *43 to as defendant, on April 15,1966. On April 18 he obtained an order for publication of the summons on the ground that defendant was a resident of Tucson, Arizona. The summons was served on defendant personally in Tucson on April 26 and returned to the court with proof of service on June 27.

On May 26,1966, defendant noticed a motion to quash the service of summons pursuant to Code of Civil Procedure, section 416.1. This motion was argued and denied on June 10, at which time the court granted defendant 15 days in which to answer. The minute order recites that notice was waived. On June 24 defendant served and filed her notice of motion for reconsideration of the motion to quash to be heard on July 8. The…