Schlegel v. American Beer & Ale Bottling Co.

This action is brought upon a promissory note made by the defendant, a domestic corporation.

The summons was served on October 12, 1882, and no order of the judge directing the issues presented by the pleadings to be tried, in compliance with section 1778 of the Code was served with the answer, nor was any such order obtained or filed. On the nineteenth plaintiff entered judgment, on the ground of the failure to serve such an order.

The motion is now made to vacate the judgment, upon the theory that the right to enter judgment was not complete until the expiration of twenty days after service…