Zellar v. Siemens

On July 30, 1909, appellant filed in the superior court for Adams county a petition to vacate a default judgment, previously rendered against him in favor of re*117spondent in that court. Respondent filed a general demurrer to the petition, alleging that it did not state facts sufficient to ■ constitute a cause for vacation of the judgment. On August 16, 1909, the demurrer, being submitted to the court upon argument, was sustained. The record brought here does not show any indication of appellant’s election to stand upon his petition and not plead further; nor does it show any order of dismissal…