Francis

This is an appeal from an order granting a motion to set aside a default and judgment against the defendant. The default was taken and judgment entered thereon on June 7, 1913. On August 27, 1913, the defendant moved the court to set aside the default and vacate the judgment upon the ground that the court had never acquired jurisdiction over the person of the defendant. Upon the hearing of this motion the court made an order denying the same “without prejudice.” The particular'reason which led the court to make this qualified order does not appear; but the defendant immediately renewed the motion upon the same ground, and also upon the further grounds of accident, surprise, inadvertence, and excusable neglect. In support of this motion the defendant filed a further affidavit reiterating the matter presented upon her former motion, and setting forth in addition thereto certain facts in support of her claim of excusable neglect. There was also included therein an affidavit of merits, wherein she deposed that she had stated “the full facts of the case” to her attorney, and had been advised by him and verily believed that she had a good and meritorious defense to the action. This…