Witter

T'his is an action to foreclose a contractor’s lien for certain work done upon the sidewalks in front of certain lots in the city of San Luis Obispo.

Plaintiff filed a complaint, and caused summons to issue, which was served upon defendant Sallie Zederman only. Plaintiff caused default to be entered against her *319 by the clerk for not answering, whereupon her counsel moved to set aside the default. The court granted the motion. Plaintiff prepared a bill of exceptions to bring up this alleged error of the court. Much of his brief is devoted to a discussion of the law as to when a defendant may have a default judgment set aside, which has been entered against him. But plaintiff, shortly after this order was made, filed an amended complaint, introducing an additional defendant (W. W. Tinker), and alleging some new matter, to which the defendants, Zederman and Tinker, answered, and plaintiff went to trial on this amended complaint and answer. Besides, there was no judgment entered upon the default, and none asked for. The amended complaint constituted a new complaint, which superseded all other pleadings in the case. By amending bis complaint in matter of substance, as was done…