McGinn

—This appeal is from an order setting aside a default judgment. It appears from the record that on the eleventh day of October, 1906, plaintiff filed its complaint in the superior court, alleging that defendants were indebted to it in the sum of $1,869.54 upon an account for goods, wares and merchandise sold and delivered to defendants within the two years last past, no part of which had been paid. On the same day a summons was issued in due form under the seal of the court, which was returned and filed on November 12, 1906, with an affidavit of service in due form by Charles S. Johnston, showing personal service upon each of the defendants on October 31, 1906. Upon said return being filed, on the application of plaintiff, a judgment was duly entered by default on said last-named day for the amount prayed for, together with cost's. On the thirteenth day of November, 1906, the attorneys for the defendants sent to the attorneys for plaintiff a prepared stipulation, to the effect that the default judgment might be set aside, but they did not tender or offer to file any pleading or answer, and the attorneys for plaintiff declined to sign the requested stipulation. On the same day…