Gillingham

This appeal is from a default judgment and from an order denying defendant’s motion to vacate the same. The defendant was personally served with summons on May 13, 1908, and his default duly entered on June 13th of the same year after the thirty days had expired which were allowed him by law in which to answer. On July 16th he served and filed a notice, accompanied by affidavits, to be relieved of the default, claiming that it occurred through his mistake, inadvertence and excusable neglect. In the affidavit of defendant he states that he did not know that he had to file a written appearance or answer, and that he did not go to his own attorney, but went to the office of the plaintiff’s attorney, had a conversation with plaintiff’s attor ney relative to the case, in which defendant stated that if plaintiff’s attorney would appoint a day for the trial he, defendant, would be on hand with his attorney, and that plaintiff’s attorney replied “All right.” Defendant further averred that he relied upon such statement, and expected plaintiff’s attorney to notify him when the case was ready for trial, and that, relying upon such statement, he took no further steps in the matter.

An…