Hurby v. Kwapil

This is an appeal from an order of the superior court refusing to vacate and set aside an order and judgment of default herein entered; refusing to dismiss the case for want of prosecution, and refusing to sustain a demurrer to the plaintiff’s com plaint on the ground that the same was barred by the statute of limitations. These are the issues involved on this appeal as stated by the appellants ’ brief.

Respondent, in April, 1924, served and filed a summons and complaint seeking recovery upon four promissory notes, the principal sum of these notes aggregating about $2,200. At the time of the…