Barry

Defendants Willard K. Rodgers and Rachel L. Rodgers purport to appeal from an order denying their motions to vacate and set aside a default and a default judgment.

Plaintiff brought an action against appellants Rodgers and numerous other defendants for false arrest, false imprisonment and malicious prosecution. The ease against the other defendants was disposed of by dismissal and summary judgment, and they are not here involved.

Bach of the appellants, on May 18, 1955, filed a timely answer to the first amended complaint, denying generally all allegations. Prior thereto a demurrer to the complaint had been filed by other defendants (county employees). This demurrer having been sustained, plaintiff filed and apparently served his second amended complaint on June 20, 1955. Appellants did not answer this pleading and on June 28, 1955, their default was entered by the clerk. On January 9, 1957, the court heard the evidence of plaintiff, at the conclusion of which a minute order was made: “Judgment is ordered for plaintiff for the sum of $6000.00. Plaintiff is directed to prepare the judgment. The clerk is ordered to enter the decree.”

The motion of appellant Willard K. Rodgers to…