Appellate Division of the Superior Court of California April 13, 1934, Civ. A. No. 2285 (Morgan v. Neff)

SHAW, P. J.

The defendant has appealed from a judgment, which on its face purports to have been entered in pursuance of plaintiff’s motion for an order striking out the answer of the defendant and for the entry of summary judgment in favor of the plaintiff and recites that the court “considered the affidavits filed by the plaintiff and the defendant”.