Morton

This is an appeal from an order denying defendant’s motion to vacate and set aside a default judgment entered in favor of the plaintiffs, and also from the judgment itself.

The complaint states a cause of action in the form of a common count for certain goods sold and delivered, alleging a reasonable value of $501.25, and prays for interest and costs of suit.

As to whether or not a default should be set aside upon motion made under the terms of section 473 is a matter that rests so largely in the discretion of the trial court that its action in such a proceeding will not be disturbed on appeal unless it shall be made clearly to appear that there was an abuse of discretion. True it is that the supreme court of this state has said, by way of advice to trial courts, that their discretion is better exercised when it tends to bring about a decision of the cause upon its merits; still the rule itself as just announced has never been relaxed. To repeat, “Unless the record clearly shows that the trial court has abused its discretion, its order, whether it be to grant or deny the application, will be affirmed. (Ingrim v. Epperson, 137 Cal. 370 , [ 70 Pac. 165 ]; Alferitz v. Cohen, 145…