Day v. Burnett

— This is an action brought to recover upon a promissory note. Appellant was served with copy of complaint and summons on July 22, 1921 in Ada county, where the action was brought. A demurrer was evidently filed, although the same does not appear in the record. On August 20, 1921, the demurrer was withdrawn and fifteen days allowed within which to answer. On September 29, 1921, default was entered for failure to answer and judgment awarded in favor of respondent on October 8, 1921. On December 27, 1921, appellant, through his attorney, filed a motion to set aside the default, supported by the…