Schlotfeldt v. Bull

The opinion of the court was delivered by

Gordon, J.

After the commencement of this action in the lower court, counsel for the appellants (plaintiffs therein) filed the following paper, duly signed by them:

“ The defendants in the above entitled action and each of them are hereby given until Monday, the 15th day of January, 1894, inclusive, within which time to appear in the above entitled cause, and no default will be taken against them or either of them for their failure to appear before said date.”

It appears that on that day, viz., January 15th, the respondents, Walter A. and Bebecca N. Bull,…