Pelegrinelli

Judgment in favor of the plaintiffs was rendered herein upon the default of the defendant for failure to answer the complaint. Upon the motion of the •defendant the court made an order setting aside the default and judgment upon the payment by the defendant to the plaintiffs of one hundred and fifty dollars within ten days from the date of the order. From this order the plaintiffs 'have appealed.

The defendant is a corporation engaged in operating a lumber-mill in Siskiyou County, and the present action is to recover damages sustained by the plaintiffs as the personal representatives of one Amateo Pelegrinelli by reason of his death in May, 1900, alleged to have resulted from the negligence of the defendant. The action was commenced February 6, 1902, and the default of the defendant for want of appearance was entered February 25th, and judgment thereon was rendered March 17, 1902. The motion to set aside the default was noticed March 25th, and on March 28th the court made the above order.

In Nicoll v. Weldon, 130 Cal. 666 , [ 63 Pac. 63 ], it was said: “The granting or denying a motion to set aside the default of the defendant is so largely a matter of discretion with the trial…