Brandon v. Sullivan Tractor Co.

STURTEVANT, J., pro tem.

is an appeal from an order of the superior court of Alameda County setting aside a default judgment which had been entered against the respondents and permitting them to file an answer.

The plaintiff filed a complaint against the defendants,, and on August 17, 1916, the superior court overruled a general demurrer to this complaint, but in doing so granted the defendants permission to file a special demurrer within five days thereafter. On the twenty-eighth day of August, 1916, no special demurrer or answer having been filed, the default of the defendant Sullivan Tractor…