McCabe v. Tom

The word default as used in relation to a judgment so taken has a well understood legal signification. A defendant to an action makes default when he fails to plead within the time allowed by law for that purpose, and although he may not plead as of right after rule day or after the expiration of any extension of time granted by the court, still a pleading so filed may not be ignored by the entry of a default judgment. As stated in Lunnon vs. Morris, 7 Cal. App., 710, our opinion is “the general rule * * * in ordinary civil actions, appears to be that, where a party pleads before default…