Eyraud

This is an appeal by plaintiff from an order setting aside and vacating a default judgment.

On May 14, 1926, the plaintiff, The Carbondale Machine Co., a corporation, commenced this action in the superior court of the county of Los Angeles against defendant, for damages for breach of a certain contract, signed by defendant, wherein plaintiff agreed to erect for defendant an automatic refrigerating plant. On the same date the summons was issued and personally served upon the defendant, A. J. Eyraud, in the county of Los Angeles. No appearance was made by defendant within the time allowed by law, and on June 9, 1926, the default of the defendant was entered, and thereafter, on June 23, 1926, the court ordered judgment entered against the defendant and in favor of the plaintiff for the sum of $1,609.30, damages and costs, and on the same day said judgment was entered.

On July 17, 1926, defendant made application to the trial court to have the default set aside and the judgment vacated upon the ground “That said judgment was entered through mistake, inadvertence, surprise and neglect of defendant’s counsel.”

In support of this motion the defendant presented his own affidavit and…