Lynch v. De Boom

In this action the plaintiff sought to recover from the defendant, as the executor of the last will and testament of Romaine Camille De Boom, deceased, the sum of $612.50 for services rendered the deceased by plaintiff’s assignor. The appeal upon a bill of exceptions is from an order denying defendant’s motion to vacate a judgment of dismissal entered upon the request of and in favor of the defendant. _

The motion to vacate was grounded upon the alleged inadvertence, mistake, and excusable neglect of the plaintiff, and it was supported by the affidavit of the plaintiff and his attorney, Mr. Leo J. McEnerney. The latter’s affidavit dealt largely with matters of conversation with one of the counsel for the defendant concerning the setting of the cause for trial, and upon the whole tended to show a tentative agreement between counsel that the cause would not be set for trial nor tried until some time after the middle of July, 1913, when counsel for the plaintiff would have returned from a business engagement at Seattle. The affidavit of plaintiff, in addition to being an affidavit of merits—the sufficiency of which is not questioned here— alleged substantially the following facts:…