Chittem

The appeal is from an order denying a motion of defendants to set aside a default judgment and from the judgment. The plaintiffs have moved to dismiss the appeal.

The action is by a number of alleged heirs of one Sanford Search, who died on the thirteenth day of March, 1922, while an inmate of the State Veterans’ Home, located in Napa County, to recover the sum of #868.90, which, the complaint alleges, had been deposited by deceased, while such inmate, with the defendants, and which sum, so it is alleged, “said defendants are holding until the said sum is claimed by any heirs at law of said Sanford Search, deceased.” The defendants interposed a general demurrer to the complaint, the same was overruled by the court and defendants granted ten days from the date of the order overruling the demurrer within which to file an answer. The defendants failed to file an answer within the time so allowed, and thereupon the plaintiffs applied for and took judgment by default. Subsequently, the defendants moved to set aside the default and the judgment thereupon entered, supporting the motion by the papers, records, and files in the case and the affidavit of a deputy attorney-general. The…