Kearney

This is an appeal from a judgment entered against the appellants upon their failure to answer to the complaint within the time allowed by the court upon overruling their demurrer to plaintiff’s complaint.

The default of appellants was regularly entered on the twenty-third day of March, 1910.' Subsequently appellants made a motion for an order to open said default, and to permit them to answer to the complaint, which motion was after hearing by the court denied, and subsequently the judgment appealed from was entered.

The only question presented for determination upon this appeal is as to whether or not the court erred in denying the motion to open the default.

The grounds of the motion were that default had been entered against appellants through their excusable neglect and inadvertence. (Code Civ. Proc., sec. 473.)

At the outset it is hardly necessary to say that the granting or denial of a motion to set aside a default is largely a matter of discretion to be exercised by the trial court, and that its action either in granting or refusing the application will only be reversed where a clear case of abuse of such discretion is shown by the appellant. (Garner v. Erlanger, 86…