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CROMWELL v. HEWARD

Docket No. 18084.

169 Cal.App.2d 88 (1959)

337 P.2d 151

FREDERIC CROMWELL, Appellant, v. E.S. HEWARD, Respondent.

Court of Appeals of California, First District, Division Two.

March 25, 1959.

Attorney(s) appearing for the Case

Wallace, Garrison, Norton & Ray for Appellant.

Alfred M. Miller for Respondent.

DRAPER, J.

This is an independent action in equity to set aside a default judgment taken against plaintiff. Plaintiff prevailed, but appeals from that portion of the decree which directed that the earlier action proceed to trial.

The earlier action was filed by Heward, as plaintiff, November 27, 1951. Summons was issued on the same date. Affidavit of one Byrnes recited service upon Cromwell December 5, 1951. This affidavit was filed and on July 8, 1954, default...

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