Maud v. Wear

Sharpstein, J.;

The judgment in this case must be reversed.

The summons was served on one of the defendants on the 7th, and on the other on the 8th of October, 1879, and on the 11th day of the same month their default was entered. Neither of the defendants answered, and the summons, with the affidavit or proof of service, and the complaint, with a memorandum indorsed thereon that the default of the defendants in not answer*26ing was entered, constitute a part of the judgment roll; and the question whether there was error in the entry of the default of the defendants before the expiration of ten…