Hawley

An appeal has been taken in this action from the judgment as entered against the plaintiffs, and from an order refusing to vacate that judgment. The judgment was entered after failure to amend the complaint within the time allowed by the court and extended by stipulation of counsel. The motion to vacate the judgment was based upon an attempted showing of excusable neglect.

This action was commenced in the year 1912 for the purpose of having set aside a judgment of foreclosure against real property alleged to have been procured on or about the thirty-first day of July, 1911, in which action these plaintiffs were defendants. The complaint here sets out two alleged causes of action, in the first of which it is alleged that the real property affected by the decree of foreclosure was the property of plaintiff Anna M. Hawley, and that she was not served with summons or any process in the foreclosure action. In the second alleged cause of action there is added the allegation that- C. 0. Hawley, her husband, acting without her knowledge or consent, permitted a voluntary appearance to be made in the foreclosure suit on behalf of his wife. It will be noted that more than a year elapsed…