Steen

Appeal from an order denying the defendant’s motion to he relieved from a default.

The action between the parties herein was tried by the court without a jury, and its decision in favor of the plaintiff filed and judgment entered thereon December 26, 1902; and on the same day the plaintiff served upon the defendant a memorandum of his costs and disbursements, together with a written notice of said decision, and filed the same, together with the defendant’s acknowledgment of service indorsed thereon, in the office of the clerk. The said notice is in the following words: “Von are hereby notified that the within memorandum of said plaintiff’s costs and necessary disbursements in said action (with a copy whereof you are hereby served) has been filed with the clerk of said court and that said court has rendered its decision herein containing its findings of fact and conclusions of law.” (The first portion of this notice was printed and the latter portion was interlined thereunder in writing.) To this notice the defendant’s attorney had signed his acknowledgment of a receipt thereof. January 10, 1903, the defendant served upon the plaintiff and filed with the clerk a notice of its…