Bailiff

This is an appeal by plaintiff from an order vacating and setting aside the default of defendant and the judgment entered thereon against the said defendant.

The motion to set aside the default and judgment was one under section 473 of the Code of Civil Procedure and in substance was made upon the ground of mistake, inadvertence, and excusable neglect. The defendant’s demurrer to the complaint was overruled by the court on December 9, 1918, and by the order he was given ten days within which to answer. On December 26, 1918, the defendant not having answered in compliance with the said order, his default was entered ánd on the same day judgment was duly entered for the amount , prayed for in the complaint, together with costs; execution was issued and levied upon moneys belonging to the defendant and the judgment by virtue thereof was fully paid and satisfied on the twenty-sixth day of December, 1918. On June 2, 1919, defendant filed his notice of motion to set aside the said default and judgment. The motion came on for hearing before the court on June 16, 1919, and was on said day by the court granted.

The notice of motion stated that it would “be made and based upon all the…