Kenyon

This is an appeal by Walter H. Kenyon, one of the defendants, from an order of court striking out his separate answer and ordering default and judgment in favor of plaintiff and against said defendant; from the judgment entered and from an order denying said defendant’s motion to vacate the order and set aside the judgment.

The facts of the ease may be stated in a few words: Upon motion of the plaintiff the trial court struck from the files the answer of the appellant Walter H. Kenyon, and ordered judgment by default to be entered, for the reason that said answer had not been filed within the time allowed by the court upon overruling the demurrer of said Kenyon -to the complaint, although it had been served in time and was but one day late in being filed. Appellant moved the court to set aside its order and judgment, striking his answer from the files and ordering judgment by default to be entered against him, upon various grounds, in which, however, was no claim that the delay in the filing of the answer was the result of inadvertence, mistake, or excusable neglect. This motion was denied by the court.

We cannot agree with the contention of plaintiff that the answer of said…