Burns

This is an appeal by Mansfield Lovell and Lallah S. Highton, two of the defendants in the above-entitled cause, from a judgment in favor of the plaintiff. John Burns instituted the action against Ada M. Scoofiy, Lallah S. High-ton, Edith Cook, Mansfield Lovell, Robert T. Cottingham, Nelson R. Doolittle, and Harry J. Gray, to establish his right to purchase from the state of California the north half of section 35 (school land), in township 14 north, range 1 east, Humboldt meridian, and to have like applications of the defendants and each of them, to purchase from said state, declared invalid and of no effect. The time for answer by the defendant, Lallah S. Highton, expired January 19,1891, and no answer having been filed, her default was entered January 20, 1891. A motion to set aside the default with leave to answer was refused by the court, and judgment entered in favor of plaintiff. I am of opinion the showing on the motion to set aside the default made out a clear case of excusable neglect.

Defendant and her attorney resided in San Francisco, some six hundred miles from Crescent City, in the county of Del Norte, where the action was pending, and several days aie required to…