Riordan

Plaintiff and appellant commenced an action in the superior court to set aside a judgment of the justice’s court and to restrain its enforcement. He named as defendants the justice of the peace who had tried the case in the justice’s court and the plaintiff in that action. Their demurrers to plaintiff’s complaint were sustained. Plaintiff was given ten days to amend and the defendants were given five days thereafter to plead to the amended complaint. Within due time plaintiff filed his amended complaint. The defendants failed to plead within the five days allowed, and upon application of the plaintiff the clerk of the court entered their default. Within three days thereafter the defendants moved to set aside the default upon a showing of inadvertence and misconception of the order, and after a full hearing the court granted the motion. Thereafter defendants’ demurrers to the amended complaint were sustained without leave to amend. Plaintiff appeals from these two orders, the one setting aside the default of the defendants and the other sustaining defendants’ demurrers without leave to amend.

[1] Neither order is appealable. The record does not disclose that any judgment was…