Eberhart v. Salazar

This is plaintiff’s appeal from an order vacating and setting aside a default judgment in an action wherein defendants failed to file their amended answer within the time fixed by the order of court, after a demurrer to the original answer had been sustained.

The record discloses that the court by ex parte order had extended defendants’ time to file said amended pleading' until and including Friday, March 30, 1923. On the day following, Saturday, March 31, 1923, the amended pleading, not then having been filed, the clerk of said court, at plaintiff’s request, entered judgment by default…