Youngman

There was a judgment by default against the defendant upon a non-negotiable promissory note, the judgment being for $1,894.07, rendered November 8, 1888.

On December 27, 1888, the defendant gave notice that be would move the court, on January 7, 1889, to set aside the default and judgment, on the ground that his default was entered “through his mistake, inadvertence, surprise, and excusable neglect.” The motion was heard on the affidavit of the defendant, and the affidavit of one of the attorneys for the plaintiff. There was no showing by the defendant of any mistake, inadvertence, or surprise; and the only excuse offered for his neglect is, *612 that, on the seventh day of November, 1888,—one day after the expiration of the time allowed him. by law in which to answer,—“he became suddenly and violently ill,” and was forbidden by his physicians to attend to any business whatever, and “that he remained under the care and instructions of his physicians until about four days after his default; .... and at the time of the entry of said default, and one day prior thereto, defendant was confined to his bed, and so ill that he was unable to appear personally, or to instruct others to…