Williamson

The summons herein was served on the defendant April 9, 1891, and on April 21, 1891, the defendant having failed to appear and answer the complaint, judgment by default was entered against him by the clerk on motion of the plaintiff’s attorney. Two days thereafter the defendant moved the court to set aside the default and judgment, upon the ground of excusable neglect; and in support thereof presented an affidavit of merits, and also an affidavit of its attorney, *653 showing that there were several causes between the same parties, and that when he received the summons and copy of complaint herein from the defendant, he marked the papers “ Answer due April 23, 1891.” Upon the hearing the court denied the motion, and the defendant has appealed.

Applications of this nature are addressed to the sound legal discretion of the court below, and the order of that court, either in granting or denying the motion, will not be disturbed by this court, unless the appellant shall make it appear to have been so clearly erroneous as to amount to an abuse of discretion. (Bailey v. Taaffe, 29 Cal. 422 ; Coleman v. Rankin, 37 Cal. 249 ; Watson v. S. F. &. H. B. R. R. Co., 41 Cal. 20; Garner v.…