Broderick

This is an appeal by plaintiff from an order vacating a judgment taken by default.

The complaint in the ease was filed February 28, 1910. March 1st following, the summons was served in the city and county of San Francisco, where the action was commenced. Thereafter the defendants were granted by the court up to and including the 21st of March within which to answer. On this date the defendants served and filed a demurrer to the complaint, and the same was placed on the law and motion calendar for hearing on March 25th, as required by the rules of court. This calendar was then continued by the court to April 1st. While the demurrer was on the court calendar on this date it was not on the official printed calendar; and the attorney for defendants, supposing therefore—so he alleges in an affidavit filed by him—that the demurrer would not be heard, failed to appear in court. Thereupon the attorney for the plaintiff moved the court to strike from the files the demurrer of the defendants, and to enter judgment against them by default, on the ground that the defendants’ time to answer had expired without an answer having been filed by either of them, and that the demurrer had been filed…