Unwin

This cause is before us on two appeals by the defendant, one being from, the judgment and the other from an order denying the defendant’s motion to tax the costs in the action.

There is but one point presented on the appeal from the judgment. The first appearance of appellant in the action was by a demurrer to the complaint, filed in its behalf by an attorney at law. In the due course of proce'dure in the action the demurrer was overruled and time was allowed to answer. On a certain day thereafter the appellant served and filed a notice to the effect that its attorney had with drawn from the case. The notice was attached to a document signed by the appellant and by its retiring attorney, which stated that it was “stipulated and agreed” between them that the attorney “may, and he does hereby; withdraw from said action as attorney for said defendant therein, and that the said defendant may, and it does hereby, appear in said action in person and without attorney.” In addition to its appearance, thus formally entered by the appellant in person, it did, on the same day serve and file its answer in the action, signed by itself by its resident agent. _ Thereafter the respondent caused…