Dusy

This is an action to foreclose the lien of a material-man. The cause was commenced and determined in the superior court of Fresno County. The defendants, Frank J. and Charles Prudom, who were residents of San Joaquin County, appeared and filed an answer to the complaint on April 20, 1891. The case was tried on November 4, 1891, and a decree in favor of the plaintiff was entered on the same day. The decree recites that the defendants Prudom failed to appear at *648 the trial of the cause. On November 16, 1891, the defendants Prudom gave notice of an application to set aside the judgment, on the ground that it was taken against them through their mistake, inadvertence, and excusable neglect. In support of their motion, they filed an affidavit setting forth that neither they nor their attorney had any notice of the fact that the case has been set for trial until after the entry of the judgment; that they relied upon the belief that they were entitled to notice that the case had been set for trial, being nonresidents of the county in which the action was pending; that the rules of the court specified no time for the calling of the calendar and the setting of the cases for trial; that…