Rahn

On January 16, 1922, at the close of the hearing on demurrer to the amended complaint, an order was made sustaining the demurrer and allowing the plaintiffs ten days to amend, and giving to the defendants five days to plead to amended pleadings or move to strike out. At the time of making the order the judge asked Mr. Shoemaker, one of defendants’ attorneys, if notice thereof would be waived; to which Mr. Shoemaker replied in the affirmative. Accordingly, the clerk entered in the minutes relating to said order the words “Notice waived.”

The second amended complaint wa.s served on the twenty-first day of January and filed on the 23d. On January 30th, at 1 P. M., default of the defendants was ordered by plaintiff’s attorneys and entered by the clerk. At 4 o’clock of that day defendants filed a demurrer -to the second amended complaint, but after filing the same, the clerk discovered that the default had been entered and thereupon sent notice to the defendants’ attorneys that on account of said default entered, the demurrer could not be placed upon the calendar for hearing. On January 31st the plaintiffs brought the case before the court and introduced evidence, whereupon judgment…