Pearce v. Butte Electric Railway Co.

delivered tbe opinion of the-court.

In September, 1908, James Pearce commenced this action-against tbe Butte Electric Bailway Company to recover damages for personal injuries. Tbe defendant appeared and filed a demurrer to tbe complaint. Tbe following proceedings then appear from tbe court minutes: ‘■‘October- 19, 1908. This day by consent of counsel for tbe respective- parties tbe demurrer to the complaint herein is submitted to- the- court without argument and is by tbe court overruled, and tbe defendant is given twenty days to answer. * ° * In this- action tbe default *323of the defendant,…