Doerr

This is an action to foreclose a mechanic's lien. The plaintiff’s complaint named F. B. Doerr and Silvio Osti and a number of fictitious individuals as defendants. The record discloses that summons was served on Doerr, that he did not answer, and that his default was entered. The record also discloses that summons was served on the defendant Osti, that he did answer, and that as to him a trial was had before the court sitting without a jury. The court made findings in favor of the defendant and from a judgment entered thereon the plaintiff has appealed, and has brought up typewritten transcripts.

The plaintiff claims that the trial court erred in vacating the judgment without vacating the default; that it also erred in setting aside the default after considerable lapse of time; and that no estoppel arose against the plaintiff by reason of the issuance by it of a certain receipt. We will discuss the foregoing points in the order stated. The attack on the motion to set aside the judgment and the claim that the default in name was not set aside are questions not supported by the record before us. In the clerk’s transcript appear what purport to be two judgment-rolls. The first…