McQueen

This appeal is prosecuted on account of alleged error by the court in refusing to set aside a default judgment. The record shows that on May 6, 1925, plaintiff filed a verified complaint praying for damages against defendant on account of injury sustained in an automobile collision. Summons was served on defendant within the county on the eleventh day of May, 1925. His default was entered May 25, 1925, and judgment was entered thereon on May 27th following. The next day defendant gave notice of motion to set aside and vacate the default judgment with permission to file an answer, and also certain affidavits which were to be used at the hearing of the motion. On the nineteenth day of June, 1925, the court denied the motion and refused to set aside the judgment. On the sixth day of July, 1925, defendant appealed from said action of the court. It is claimed that the court abused its discretion in denying the motion. The affidavit of defendant in support thereof recited in substance that prior to the filing of the complaint affiant consulted E. N. Clark, an attorney at law, with reference to the accident, and of his rights and duties in the event of a suit, and at that time he…