Kapiolani Estate, Ltd. v. M. S. Grinbaum & Co.

OPINION OF THE COURT BY

PERRY, J.

The action in -which error is claimed to liare occurred was one of assumpsit upon a certain bill of exchange for $966.70 alleged to have been drawn upon and accepted by the plaintiff in error and to have passed to the defendant in error by endorsement. Summons was served September 12, 1902, and on October 3 following the plaintiff in the action moved that, upon the clerk’s certificate that the defendant had failed to file any answer or other plea to the declaration within twenty days after service, an order be made declaring the defendant in default, debarring'…