Meacham

In this action the plaintiff takes three appeals—one from an order denying his motion to enter the default of the defendant; another from a purported judgment entered by the clerk and subsequently set aside by the court, and the third from the order setting said purported judgment aside.

As to the first of these appeals it appears that the plaintiff served upon the defendant an amended complaint, and at the expiration of ten days .thereafter, no answer having been served or filed, caused the clerk to enter the defendant’s default. The plaintiff, however, did not file said amended complaint so served upon defendant until some eight days after said service, so that at the time of the entry of defendant’s default by the clerk his time to answer had not expired—the service not being complete until the filing of the paper (Coker v. Superior Court, 58 Cal. 177, 178 ; Billings v. Palmer, 2 Cal. App. 432 [ 83 Pac. 1077 ]). The defendant moved to set this default aside. Pending this motion, more than ten days after the filing of said amended complaint having elapsed, the plaintiff moved the court to enter the default of the'defendant. These motions came on for hearing together, and the…