Clarke

Defendant Baird having failed to plead to the complaint, his default was entered, and thereupon the following *643 judgment or order was made and entered on November 28, 1891: “Now, on the application of the plaintiff, it is ordered that plaintiff have judgment against the defendant, that the defendant disclose to the plaintiff the kind and quality and quantity of the securities held by him through his dealings as broker for Mrs. Hannah Wittram, the daughter of Mrs. Margaret Clarke, deceased, concerning, the money appropriated by said Hannah Wittram of the estate of said Margaret Clarke, deceased, and the investments in which the said money and the proceeds thereof has been placed, and that the defendant account to the plaintiff for the whole and. every part thereof, and that plaintiff have judgment for said property and the whole and every part thereof, and for damages in addition thereto equal to the value of said property, as required by section 1460 of the Code of Civil Procedure.”

On December 24, 1891, upon an affidavit filed by the attorney of Hannah Wittram, the court made an order vacating the default of defendant Baird, and granting leave to Hannah Wittram to file her…