Hofto v. National Casualty Co.

— Appeal from an order refusing to vacate a judgment by default. The respondent has not appeared in this court. Appellant’s motion to vacate shows that it has a meritorious defense to the action.

Within, a proper time after service of process, the defendant demurred to the complaint. Thereafter the demurrer was sustained and the plaintiff filed a first amended complaint, against which the defendant moved. This motion has never been disposed of, and after it was made, the plaintiff served and filed a second amended complaint. The defendant at no time moved against, demurred to or answered this…