Durbrow

This is an appeal from an order setting aside a default judgment. The action was claim and delivery. Summons was duly served, on June 28, 1913. On July 9, 1913, the default of defendant was duly entered and, on the same day, counsel for plaintiff appeared in court and submitted evidence in support of the complaint and judgment was entered and recorded. Thereafter and on the same day, defendant’s attorney filed a notice of motion to set aside said judgment on the ground of mistake, inadvertence, and excusable neglect and the court ordered plaintiff and his attorney to appear on July 15, 1913, and show cause why said motion should not be granted. The motion was supported by the affidavit of defendant and by affidavit - of his attorney, E. J. Gorkin, and was opposed by affidavit of plaintiff’s attorney. Defendant’s attorney, in 'his affidavit, stated that summons and complaint were handed him on June 28, 1913, and proceeds: “I was prevented from acting in the action owing to the fact that there were other actions between the same party and I had a conversation with the plaintiff’s attorney that all these actions would be consolidated and tried as one action and that this was the best…