Hitchcock v. McElrath

Searls, C.

This appeal is taken by the defendant from an order setting aside a default entered against plaintiff for want of an answer to an amended cross-complaint. Various reasons were set forth as grounds upon which the motion was made.

Two motions had been previously made with the same object in view, the first of which was denied without prejudice on account of the informality in the moving papers. The second was also denied, but for what reason does not clearly appear. Subsequently the order of denial was so modified as to permit plaintiff to renew his motion, which was accordingly done,…