Timmons

This is an action of unlawful detainer after default in payment of rent and the service of a three days’ notice to pay rent or quit. Defendant takes this appeal, first, from an order entered January 19,1915, denying defendant’s motion to vacate the entry of her default and permit the filing of an answer; second, from the judgment entered against her January 22, 1915; third, from an order entered January 26, 1915, denying her motion for a default judgment against the plaintiff on her cross-complaint.

The appeal from the order denying defendant’s motion to vacate the default cannot he here considered for two reasons: 1. Being an order made before judgment, it was not an appealable order. (Code Civ. Proc., sec. 963.) 2. Ño copy

of the order attempted to be appealed from is in the record. (Code Civ. Proc., sec. 951.)

The judgment appealed from is a judgment by default for failure to answer after an order overruling defendant’s de murror to the complaint. The demurrer to the third amended complaint was overruled January 11, 1915, and defendant given three days to answer. No written notice thereof was served or filed and there was no express waiver of such notice. On January 14tli…