Irvine v. Davy
Before: Sharfstein
Synopsis
Quieting Title — Trustees under Will — Appointment op Successor — Order of Court —• Demurrer. — A complaint in an action to quiet title, brought by trustees holding under a will, is not subject to general demurrer on the ground that the complaint shows that one of the plaintiffs w'as appointed as a trustee by four of the remaining trustees, without an order of court, after one of six trustees named in the will had died, and another had been removed! by the superior court as incompetent, it appearing that the will expressly provided that when the number of trustees was reduced to four, the remaining four should appoint a fifth trustee.
Default — Filing op Answer after Entry — Setting Aside. — The filing of an answer after the entry of default does not affect the default, and it will not he set aside without the showing of some ground therefor.
Sharfstein, J. The demurrers to the complaint, on the ground that it did not state facts sufficient to constitute a cause of action, were properly overruled.
The default of the defendants for failing to answer the complaint within the time allowed bylaw for]answering was properly entered. The filing of an answer after the default had been entered did not affect the default.
The motion to set aside said default was properly denied, no ground appearing for setting said default aside.
Judgment affirmed.
McFarland, J., and De Haven, J., concurred.
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