Vacating Judgment by Default—Discretion—Review upon Appeal.— The discretion of the court below in setting aside a judgment by default upon motion of the defendant will not be interfered with upon appeal, unless there is a clear abuse of legal discretion, although the facts are such as would have warranted the court in denying the motion.

Id.—Conflicting Affidavits—Province of Judge.—Where the affidavits and counter-affidavits used upon the motion were conflicting, it was the peculiar province of the judge of the court below to' determine the truth therefrom.

Id.—Liberal Exercise of Power—Hearing upon Merits.—The power of the court should be liberally exercised to mold and direct its proceedings so as to dispose of cases upon their merits; and where the circumstances are such as to lead the court to hesitate, the doubt should be resolved in favor of the application so as to secure a trial and judgment upon the merits.

Id.—Affidavit of Merits—Verified Answer.—A verified answer presented with the motion, containing specific denials of the material allegations of the complaint, and containing affirmative matter of defense to the action, is of itself a sufficient affidavit of merits.

Id.—Right to File Answer.—Where the notice of motion to vacate the judgment stated that it would be made upon the affidavits and verified answer, copies of which were served therewith, and the order setting aside the judgment directed that the cause be reopened, and the parties be permitted to take such further proceedings as they may see fit, the defendants have a right to answer, notwithstanding a special request therefor was not incorporated in the motion, and no special permission was given therefor in the order.

Id.—Payment to Clerk of Money Ordered Paid to Plaintiff—Objection upon Appeal—Motion.—It cannot be objected by the plaintiff upon appeal from the order vacating the judgment that money ordered to be paid to him by the defendants was paid to the clerk, when it appears that he refused to accept it; and any objection that the order was not complied with must be presented first by motion in the lower court, and cannot be considered upon such appeal.