Haynes v. B. F. Schwartz Co.

The opinion of the court was delivered by

Dunbar, J.

This action was brought to foreclose a mortgage. Appellant Church, who was alleged by the complaint to have a second mortgage on the property sought to be foreclosed, was made a party to the action and served with summons. There never was any appearance by the *434defendant mortgagor. After the expiration of twenty days from the date of the service of summons xxpon appellant Church, the respondent filed her motion for default, a copy of which was served upon appellant. On the same day, but after the motion for default had been filed, the…