McLain v. Llewellyn Iron Works

This is an appeal from an order denying defendant’s motion to set aside its default and the judgment entered thereon.

The action was brought to recover damages for loss suffered by reason of the death of plaintiff’s son through defendant’s alleged negligence. Defendant appeared in the action and filed a demurrer, which was overruled. In its order overruling the demurrer the court allowed defendant ten days to answer. A copy of this order was duly served upon defendant’s counsel on March 10, 1920. Defendant failing to answer within the ten days allowed therefor, the clerk, on March 24, 1920,…