Slater

This is an appeal from an order of court granting defendant’s motion to set aside his default and vacate the judgment entered thereon.

Deiendant was duly served with summons and neglected to plead within the time prescribed therefor. Whereupon his default for such failure was entered by the clerk, followed by the entry of judgment on February 27, 1914. On March 23d following, pursuant to notice thereof duly given, defendant, upon the grounds that he had a good and meritorious defense and that his failure to plead was due to mistake, inadvertence, and excusable neglect, moved the court to vacate the judgment and set aside the default and permit him to answer. This motion was supported by defendant’s affidavit to the effect that, when served with summons, he expected to be engaged in business out of town, by reason of which fact he gave the papers to one Whipple, his business partner, and instructed him to attend to the matter and have the action defended ; and supposing Whipple had followed his instructions he dismissed .the subject from his mind and did not discover such omission to answer until after default was entered. Whipple’s affidavit filed in support of the motion…