Keown

This is an appeal from an order refusing to set aside a default and also from the judgment entered pursuant to such default.

The default arose by reason of the failure of appellant to file a third amended complaint within the time allowed by the trial court for such filing, after demurrer was sustained to the second amended complaint. The order sustaining the demurrer was entered April 14, 1919, and appellant was thereupon, and on the same day, allowed fifteen days within which to amend. No amended pleading -having been filed by him, an order to enter his default for failure to amend within time was filed November 12, 1919, six and one-half months after the expiration of the time within which he was permitted to amend under the order of the court made in that behalf. On April 9, 1923, three years and five months after the entry of the default, appellant filed his notice of motion to set it aside. The notice specified no grounds upon which the motion was to be made and" was therefore insufficient (Code Civ. Proc., sec. 1010), but as this point is not pressed by respondent we shall dispose of the appeal from the order refusing to set aside the default upon other considerations. The…