Sherman v. Standard Mines Co.

In the lower court the defendant Lewis moved the court for an order setting aside and vacating a default thereinbefore entered against him by the clerk because of his failure to answer the complaint within the time allowed by a special order of the court. Upon the hearing this motion was denied. No further proceedings have been taken in the case against Lewis. No judgment has been given as to him. Thereupon he filed a notice, stating therein that he “hereby appeals to the supreme court” from the order denying his motion to vacate said default. Upon this notice, treating it as an appeal, he…