McLain

This is an appeal from an order denying defendant’s motion to set aside its default and the judgment entered thereon.

The action was brought to recover damages for loss suffered by reason of the death of plaintiff’s son through defendant’s alleged negligence. Defendant appeared in the action and filed a demurrer, which was overruled. In its order overruling the demurrer the court allowed defendant ten days to answer. A copy of this order was duly served upon defendant’s counsel on March 10, 1920. Defendant failing to answer within the ten days allowed therefor, the clerk, on March 24, 1920, regularly entered defendant’s default. On October 7, 1920', the court, after hearing evidence on the question of damages, ordered judgment for plaintiff in the sum of fifteen thousand dollars. This judgment, signed by the learned judge of the trial court, was regularly entered October 11, 1920. On October 14, 1920, which was six months and twenty-seven days after thfc clerk had entered its default, defendant served and filed its notice of motion to set aside the default and the judgment entered thereon, upon the ground that the same had been taken by reason of accident and through defendant’s…