Perkins

This is an action to recover a sum of money alleged to be due upon contract. Judgment by default was duly entered on the twenty-third day of June, 1914. On October 3, 1914, there was filed in the action a document marked “copy,” purporting to be a stipulation between the attorneys for the plaintiff and the attorney for the defendants to the effect “that the judgment heretofore entered therein upon default may be vacated without prejudice to either party, the said default set aside, and the defendants permitted to file their answer therein within five days after said judgment is so vacated and said default set aside.” Said copy was dated September 23, 1914. On October 14, 1914, a second entry of default of the defendants was indorsed upon the complaint and a second entry of judgment was made by the clerk on October 22, 1914. On May 28, 1915, a document purporting to be the original stipulation, of which a purported copy had been filed as above stated, was filed in this action. Thereupon on the same day, May 28, 1915, the court made its order reciting the terms of said stipulation and ordered “that the judgment heretofore entered in the above-entitled action, in favor of the…