Wall

On the thirteenth day of January, 1891, this action was commenced in the superior court of San *366 Diego County, to recover the amount due on a promissory note. On the thirtieth day of the same month, a general demurrer to the complaint was filed, signed “E. W. Hendrick, attorney for defendant.” On the 27th of February, the demurrer was overruled, the minute entry of the order being as follows: “ Parties being present by their respective attorneys, the demurrer of defendant to plaintiff’s complaint is at this time overruled for want of oral presentation, and ten days given defendant in which to answer.” No written notice of this order was ever given to or served on the defendant or his attorney. On the 10th of March, no answer having been filed, the clerk of the court entered the default of the defendant, and a judgment against him as prayed for in the complaint. On the 9th of June, an execution was issuéd on the judgment and levied on the property of defendant. On the 24th of July, the defendant moved the court to set aside the default and judgment, and to recall the execution, on the ground that the default and judgment were entered, and the execution issued, without authority…