Banse

This is an action to quiet title. Summons and complaint were duly and legally served on defendant, who did not appear. Default judgment was entered accordingly. Pour days after the entry of judgment defendant gave notice of motion to vacate said default and set aside the judgment. This motion was presented to, considered, and granted by the court on October 30, 1916. This appeal is from the order granting said motion.

[1] Appellant insists that the court abused its discretion in granting the motion referred to. We do not think so.

In view of the fact that this case presents one of those points which has been up so frequently, and so much having been said bearing thereon, both by this court and the supreme court, that neither bar nor bench has the time or disposition to dwell further on a long, or any, statement of the facts here, we desist from so doing. Suffice it to say that we have read the entire record, and are satisfied that the court had enough before it to support the order made, in view of the age and inexperience of defendant, and the apparent confusion as to time and manner of his appearance -in the matter, arising from the conversation with the process server. [2] As…