Wright

The appeal is from a default judgment entered by the clerk of the superior court in an action upon a promissory note.

The whole contention of appellants is based upon an obvious clerical misprision in the memorandum of default attached to the complaint and is supported by an argument more ingenious than persuasive. This memorandum recited that: “In this action the defendants, Susie D. Wright and Frank V. Wright, having demurred to plaintiff’s complaint on file herein, and said demurrer having been overruled by order of court, with leave to defendant to answer, and said defendant having failed to answer within the time allowed, after due notice of overruling said demurrer had been given, the default of said defendant in the premises is hereby duly entered herein.”

The “judgment on demurrer” contains these recitals: “In this action the defendants, Susie D. Wright and Frank Y. Wright, having demurred to plaintiff’s complaint on file herein, and said demurrer having been overruled by order of court, with leave to defendant to answer within ten days, and said defendants having failed to answer within the time allowed, after due notice of overruling said demurrer had been given and…