Gibson

This is an application for a writ of certiorari. The petitioner obtained a judgment by default in the court below. The court subsequently, on application of the defendant, set aside the default. Thereafter the petitioner moved the court to vacate the order last named, and his motion was denied. He claimed, in support of this petition, that his default was properly taken, because the time allowed by statute for the defendant to answer had expired, and also the time for which the court below might have extended the time, and that *217 the court had made an order extending the time to answer beyond the time allowed by law. It is insisted that the court below had no power to extend the time beyond the number of days allowed by the statute, and that therefore it had no jurisdiction to set aside the order defaulting the defendant. But this does not follow. It may be conceded that the court had no jurisdiction to extend the time within which to answer beyond the time fixed by the statute, but it had jurisdiction to set aside a default, whether such extension of time had been granted, or attempted to be granted, or not. If the default was set aside on the ground that the time within which…