55 Cal. 25 | Cal. | 1880
The judgment in this case must be reversed.
The summons was served on one of the defendants on the 7th, and on the other on the 8th of October, 1879, and on the 11th day of the same month their default was entered. Neither of the defendants answered, and the summons, with the affidavit or proof of service, and the complaint, with a memorandum indorsed thereon that the default of the defendants in not answer
Judgment reversed, and cause remanded, with directions to the Superior Court of Kern County to allow the defendants to demur to or answer the complaint of the plaintiff, within ten days after being notified that the remittitur herein has been filed in said Superior Court.
Thornton, J., and Ross, J., concurred.