Young v. Fink

Citations

• 119 Cal. 107
• 50 P. 1060
• 1897 Cal. LEXIS 861

Syllabus

<p>Pbactice—Judgment by Default—Motion to Set Aside—Fbaud.—Under section 473 of the Code of Civil Procedure, a judgment regular on its face, against a defendant who had been personally served with the summons and the original complaint, and entered upon his default in not answering an amended complaint which had been properly served upon his attorney of record, cannot be set aside on motion, on the ground of the alleged fraud of the attorney for the plaintiff in not serving the amended complaint personally on the defendant, in pursuance of a verbal agreement to that effect, after the expiration of six months from the entry of the judgment.</p>