Kelly

Appeal from a default judgment. The action was one brought for the foreclosure of two mortgages. The case was regularly set for trial and defendants failing to appear, the court took evidence and entered its decree of foreclosure. This decree was recorded on March 27, 1926, and notice thereof was duly given to defendants. Thereafter a notice of motion to set aside the default was made under the provisions of section 473 of the Code of Civil Procedure. The motion came on regularly for hearing and was denied and the sole question here presented is whether or not the trial court abused its discretion in refusing to vacate the decree. It is, of course, elementary, that the action of a court upon an application to set aside a default, or grant relief therefrom, rests so largely in its discretion that it will not be disturbed on appeal unless it shall be made clearly to appear that there was an abuse of this discretion (Pickerill v. Strain, 196 Cal. 683 [ 239 Pac. 323 ]). While it has been said in some cases that this discretion is better exercised when it tends to bring about a decision of the cause upon its merits, the rule itself has never been relaxed. (Ingrim v. Epperson, 137 Cal.…