dissenting.
I dissent.
Section 12-202, R.C.M. 1947, provides:
“* * * The codes establish the law of this state respecting the subjects to which they relate and their provisions and all proceedings under them are to be liberally construed with a view to effect their objects and to promote justice.” Italics mine. See Greene v. Montana Brewing Co., 32 Mont. 102, 109, 110, 79 P. 693; Brothers v. Brothers, 71 Mont. 378, 383, 230 P. *56960; Patterson v. Patterson, 120 Mont. 127, 179 P.2d 536, 537.
In my opinion the default should have been set aside and the cause tried on its merits.