Hinds

This is a proceeding on writ of review in relation to an order made by respondent court granting an application to set aside the default of the defendants in an action wherein petitioner Hinds was plaintiff and Charles M. Johnson and Donald Johnson were defendants. The default had been entered on the fourth day of January, 1923. The motion to set aside default was made upon the ground that the default of the defendants was taken and entered by reason of mistake, inadvertence, and excusable neglect of the defendants to file their appearance in said action, and on the ground that neither of the defendants nor their attorney were served with copies of the notice of motion to file an amended complaint, filed on November 28, 1922, and upon the ground that neither of the defendants was served with notice of the order of the court made on December 5, 1922, granting permission to file an amended complaint, and on the ground that neither of the defendants nor their attorneys were served with a copy of the amended complaint filed on December 6, 1922.

The application of the defendants for an order to set aside said default was presented to the court on the twenty-first day of September,…