Shearman

This is an appeal from an order setting aside a default judgment. It is only in exceptional cases that orders of that kind will be reversed by this court, but those exceptional cases do arise, and we pass to an examination of the record.

Defendants’ demurrer to plaintiff’s complaint was overruled, and ten days given to answer. Plaintiff’s attorney, who resided in Alameda county, but had his law office in San Francisco, upon December 8, 1894, sent to defendants’ attorney, W. W. Davidson, by mail, a notification of the decision of the court in overruling the demurrer, and further notifying him that he was given ten days to answer. No answer was subsequently filed, and upon January 6th following plaintiff took a judg *484 ment by default. Laying aside without consideration the affidavits of plaintiff introduced at the hearing of the motion to set aside this default judgment, let us see, if defendants’ showing, standing alone, makes a case for the granting of the motion. The defendants’ affidavit sheds no light upon the issue involved, and we are left to the affidavits of W. W. Davidson, defendants’ attorney, and E. C. Cordell, his clerk, to furnish materials sufficient to justify…