Hart
Hart v. Capital Film Co., Inc.
Opinion
lead Opinion
Works, J.
This is an appeal from a judgment entered pursuant to default. The printed transcript on appeal shows, among others, the following papers and minute orders : The complaint; a demurrer to the complaint; an order overruling that demurrer; the answer; an order striking the answer from the files, with which is incorporated an order granting leave to file a supplemental complaint and an order granting leave to file an amended answer; an amended and supplemental complaint; the entry of default; and a judgment by default, by the clerk of the court. The amended and supplemental complaint, which was filed June 2, 1920, was introduced by the statement that its filing was upon leave of court. Included with the order giving leave to file a supplemental complaint, there was, as we have observed, an order granting leave to file an amended answer. The time allowed for that purpose by the order was three days. The defendant having filed no answer to the amended and supplemental complaint, his default was entered on June 7th and a judgment on the default was rendered June 8th and was entered June 10th. If we are to take all these matters as they appear in the printed transcript, and are to…