Andino v. Knight

After his default had been entered by the secretary the appellant entered his appearance in this case in the lower court and demurred to the complaint on the ground that it did not state facts sufficient to constitute a cause of action. Subsequently a day was set for the trial when only the attorney for the plaintiff appeared and moved the court to strike the said demurrer from the record because it had been filed after the entry of the default. The court so ordered and after hearing the evidence of the plaintiff rendered judgment against the defendant, from which judgment the latter appealed…