ALPHA STORES LIMITED v. YOU BET MINING COMPANY (1936)

District Court of Appeal, Third District, California.

ALPHA STORES, LIMITED, a Corporation, Plaintiff and Respondent, v. YOU BET MINING COMPANY, a Corporation, Defendant and Appellant.

Civ. 5596.

Decided: December 23, 1936

Appeal from Superior Court, Nevada County; Raglan Tuttle, Judge.

This an appeal from an order denying defendant's motion to set aside a default judgment which was rendered against it. It is contended the judgment is void for the reason that the original return of service of the summons fails to show valid service upon the defendant corporation.

This appeal is determined on the same record and the same point which was involved in the above–entitled cause, in which an opinion of this court was this day filed. (Cal.App.) 63 P.(2d) 1137. Upon the authority of that case the order from which this appeal was taken is affirmed.

Mr. Justice THOMPSON delivered the opinion of the court.

We concur: PULLEN, P. J.; PLUMMER, J.

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