Sisson v. Lawrence

James C. Smith. Justice.

I think that the order of the county judge, extending the time to answer thirty days, although ex parte, was valid, and that the judgment which the plaintiff took by default for want of an answer, after he had been duly served with the order, and before the time granted thereby had expired, is for that reason irregular, and should be set aside. The county judge had power to make the order under section 405 of the Code of'Procedure.

It is claimed, however, by the plaintiff, that the order had the effect to stay his proceedings, and that it is therefore within section…