Mazitelli

This is an appeal from the order denying the application of the defendants to set aside and vacate a judgment entered against them. The application was made under the provisions of section 473 of the Code of Civil Procedure, and is based upon certain affidavits. The application was denied, and the appeal is taken from the order of the court denying the application of the defendants for relief under that section.

The action was one to quiet title. The complaint was filed on May 9, 1908, and the answer of the defendants was filed on the 14th of November of that year. Some five years later the cause was upon the calendar of the superior court of the city and county of San Francisco, Department One. When called an individual present, who was not the attorney of record in the case, arose and stated that Mr. Hernán, the attorney of record, was ill and unable to be present, and requested the trial of the case to be continued until a later day. He stated that he was unacquainted with the facts of the ease and could not take up the trial. No affidavit for a continuance was filed. The court denied the application and ordered that the trial proceed. The cause was then tried in the absence…