Curtin

This is an appeal from an order setting aside a default judgment. It appears without conflict that the action was commenced by plaintiff in propria persona. The defendant in due time appeared by her attorney, and filed a demurrer to the complaint. Thereafter the plaintiff employed one Boyer as his attorney, who appeared in court on the argument of the demurrer, but no notice was given to the defendant of such employment, other than the appearance of Boyer on the argument of the demurrer, and the service of notice by Boyer of the order overruling the demurrer. No substitution was made of Boyer as attorney of record in the place of the plaintiff, who had acted as his own attorney in bringing the action. The demurrer was overruled, and the defendant was given time in which to answer. Before the time given for answering had expired, defendant’s attorney prepared a written stipulation, of which the following is a copy:

Before the time named in the stipulation had expired the attorney for the plaintiff went to the county clerk’s office, and had the default of defendant entered, and also a judgment upon such default.

It is claimed by the plaintiff that Poswa had no authority to enter…