American National Bank v. Marshall

The opinion of the court was delivered by

Harvey, J.:

This is an appeal by plaintiff, (l).from an order setting aside a default judgment, and (2) from a later order striking material allegations from plaintiff’s second amended petition.

The first question arises in this way: On July 1, 1925, defendant’s demurrer to plaintiff’s petition was overruled and defendant *794was given twenty days to answer. On July 24, no answer having been filed, plaintiff called the case up and took judgment by default.. Later in the day defendant learned the judgment had been taken and filed a motion to set aside the…