Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. —
LANDON, J.:
An answer must be tested by the complaint, and if it puts in issue its material allegations as to the defendant, it is good enough for the purposes of the action. This answer did so and, therefore, is not frivolous. No doubt the defense is an unreasonable one, but the plaintiff might have served with the summons notice upon the defendant that no personal claim was made upon him (Code Civ. Proc. § 423), and thus probably have protected itself against such an answer. The order is reversed, with ten dollars costs and disbursements, and the motion below denied, with ten dollars costs. All concurred.