Salsberry

This is an appeal from an order vacating a default judgment granted against the defendant. The complaint was for money due and was filed on September 29, 1926. A copy thereof, together with summons, was served on defendant in Los Angeles County on September 30th. Default was entered and judgment given and entered on October 14th. On October 18th defendant served and filed notice of motion to vacate and set aside the judgment on the ground that the judgment was entered against the defendant, through his mistake, inadvertence, surprise and excusable neglect. The motion was based upon the affidavit of defendant’s attorney and upon all records and files in said action and upon the verified answer of the defendant offered for filing and served with said notice. The verified answer contained a denial of the material allegations of the complaint. The plaintiff filed several affidavits in opposition to said motion, which was set for hearing on October 25th. On October 25th, after the submission of the motion, defendant made and served upon the plaintiff an additional affidavit of merits, which was filed on October 26th.

There was a decided conflict in the showing made by the respective…