Brown

This appeal is one from an order denying a motion to vacate a default judgment. The motion was supported by affidavits claiming an oral telephonic stipulation between counsel to the effect that no demurrer or answer need be filed pending the hearing of a motion for change of venue to be made by the defendants; that notwithstanding such stipulation and before hearing upon the last-named mo-tion, plaintiff’s attorney caused default to be entered. A counter-affidavit, was filed, in which plaintiff’s attorney denied having made any stipulation other than that defendants have two days and until the end of that week in which to serve and file their answer. The affidavits of defendants further recite certain facts concerning the conduct of counsel for the plaintiff, to the effect that on the day after default had been taken and on the day the hearing of the motion for change of venue was to be heard, counsel for both sides appeared in open court and agreed that the hearing upon said, motion be continued until the following day, no reference being made by plaintiff’s attorney to the fact that he had entered the default. This and another alleged incident of the same character could only be…