American Central Insurance v. Albright

1. Where at the time of calling the appearance docket the court called a certain case, and, no answer being filed, announced in open court that the ease was in default, and thereupon marked the letter D on the docket in a place appropriate for the marking of “In default,” when a case was actually in default, this was not' a judgment making the case one “in default.” In order for the ease to be properly treated as one wherein a judgment by default has been entered, the statute (Civil Code (1910), § 5653) requiring the words “In default” to be entered on the docket must be at least…