Brasher

The defendant having failed to answer or demur to the plaintiff’s complaint herein within due legal time, a default therefor and thereupon a judgment were entered against him.

It appears that the default of the defendant for his failure to answer or demur to the complaint and judgment upon such default were entered against, him upon the thirteenth day of September, 1920; that the defendant first received information of the default and the judgment having been entered on the twenty-fourth day of September, 1920, and that, on the twenty-seventh day of September, 1920—three days after the receipt of notice of said default—upon the authority of section 473 of the Code of Civil Procedure, he filed and served upon the plaintiff a notice that he would, on the eleventh day of October, 1920, move the .court for an order setting aside said default and said judgment. The motion was heard, being supported by affidavits and the records and files of the case, and the same was denied.

This appeal the defendant prosecutes from the order denying said motion.

The action'was brought by plaintiff by an unverified complaint to recover the sum of $1,180.92, being the balance alleged to be due him on…