Garner v. Towler

This is an appeal from an order setting aside a default and judgment.

A demurrer to an amended complaint was argued and submitted on April 19, 1922, and decision reserved for some later date not announced. On Wednesday, April 26th, the court, without notice of its intention, or subsequently conveyed, ordered the demurrer overruled. Upon the following Friday, the clerk of the court, upon application of appellant, entered the default of the appellee, because no answer stood to the complaint, and the time for answer had expired. On the next day there was an order for judgment. On May 4th…