Stevens

By the Court,

Suit on a promissory note. The complaint was filed in the court of First Instance of the district of San Francisco, on the 16th clay of April last. The summons was returnable on the 22d, and an answer was filed on the 24th clay of April. The proceedings were transferred into the district court under the act of Feb. 28th, 1850, previous to the filing of the answer. On the 27th clay of April, the plaintiff’s attorney presented an affidavit made by himself to the district court, setting forth that there had been no appearance on the part of the defendant, and no answer filed on the return day of the summons, and that as deponent was about proceeding to the court house, on such return day, for the purpose of entering up judgment by default, he was met by the defendant, who stated to him that he had no defence to make to the action, that the debt was justly due and owing, and that, in order to save further expense, if the plaintiff would not enter up judgment before the 25th day of April, he would pay the sum due on that day- - that defendant had since admitted that lie had directed his attorney to appear and plead, for the purpose of obtaining a further delay in making…