Rupley

Plaintiffs above named have appealed from a judgment entered in favor of defendants after defendants’ demurrer to plaintiffs’ second amended complaint was sustained with leave to amend and plaintiffs had elected to stand on their complaint. Plaintiffs also appeal from a ruling of the trial court denying their motion for an order declaring defendants in default and guilty of laches, from the order of the court sustaining the demurrer to the second amended complaint, and from an order of the court denying plaintiffs’ motion to set aside and vacate the judgment.

The second amended complaint alleged in substance that defendants Leonard and Donald Huntsman were engaged in the business of tree felling, and that on August 8, 1952, a tractor belonging to plaintiffs was damaged when a tree fell on it, said damage being caused by the negligence of defendants Huntsman; that said defendants were fully covered by liability insurance with defendant California Compensation and Fire Company “and that said policy inured to the benefit of the public including the plaintiff herein”; that plaintiffs made repeated demand on said defendants, and each of them, for payment of said damage, the first…