Davis

— The complaint consists of three counts, each for the recovery of a specific sum of money on an alleged distinct cause of action.

The action was commenced in the county of Lassen, and the summons was served on the defendant in the city and county of San Francisco on the twenty-ninth day of August, 1891.

On the twenty-eighth day of September, 1891, the defendant filed a demurrer to the complaint on the grounds of misjoinder of causes’ of action, and that the complaint does not state facts sufficient to constitute a cause of action against the defendant. On November 3, 1891, on motion of plaintiff’s attorney, the court ordered that the demurrer be “stricken from the files of the court, for the reason that it had not been filed in time.” On November 4, 1891, the default of the defendant was entered, and judgment rendered in favor of plaintiff for the full sum demanded, viz., four thousand five hundred and eighty-nine dollars. This appeal is from the judgment, and comes here upon the judgment-roll alone. The roll contains a copy of the demurrer indorsed filed by the clerk as above stated, and shows no other disposition of it than the order striking it from the files. The…