Moore

Appeal from an order vacating an order and judgment dismissing the action for want of prosecution.

The superior court made an order in this action October 23, 1899, upon the motion of the defendant, dismissing the action for want of prosecution, and judgment thereon was thereupon entered. Subsequently the plaintiff moved the court to vacate and set aside the said order upon the ground, among others, that the same was made through her inadvertence and excusable neglect. Upon the hearing this motion was granted and the judgment was set aside. From this order the defendants have appealed.

The plaintiff is a resident of Oregon, and at the commencement of the action Mr. R. Percy Wright was her attorney, by whom the complaint was filed, and who remained her attorney of record until August 4, 1899, when, by an order of court, Mr. H, B. Montague was substituted in his place. Notice of this substitution was served upon the defendants August 7th, and on August 16th they gave him notice that on the 25th of that month they would move to dismiss the cause for want of prosecution, accompanying the same with affidavits tending to show that the controversy between the parties had been settled.…