Brandon

is an appeal from an order of the superior court of Alameda County setting aside a default judgment which had been entered against the respondents and permitting them to file an answer.

The plaintiff filed a complaint against the defendants,, and on August 17, 1916, the superior court overruled a general demurrer to this complaint, but in doing so granted the defendants permission to file a special demurrer within five days thereafter. On the twenty-eighth day of August, 1916, no special demurrer or answer having been filed, the default of the defendant Sullivan Tractor Company, a corporation, was entered by the clerk upon the request of the plaintiff; on the eighth day of September the clerk, upon plaintiff’s request, entered the default of the remaining defendants, and on the same day the court ordered judgment as prayed against all of the defendants. Thereafter, and on the eleventh day of ’ September, 1916, the defendants gave notice that they would move to set aside their default and the judgment entered pursuant thereto; that said motion would be made under sec tion 473 of the Code of Civil Procedure, upon the ground, that these proceedings were taken against them by reason…