Grady

Defendants failed to appear at the trial, and judgment was taken against them in their absence. They moved to vacate and set it aside immediately upon learning of the fact, upon the ground of surprise and excusable neglect. The motion was denied, and defendants appeal from the judgment and the order refusing to. vacate it.

It appeared that one D. M. Seaton had been retained by defendants as their attorney in the case, and he had put in an answer, but thereafter, and before the case was set for trial, Seaton removed from Fresno, where the parties reside and the case was pending, to San Francisco. Before leaving Fresno Seáton took his office copies of pleadings and papers in the' case, and the papers in several other matters in which he was acting as attorney for the defendants, to the place of business of the latter, and, none of the defendants happening to be in at the time, he delivered all the papers, which were in one large bundle, to the book-keeper of defendants, with the statement, among other things, that he was about removing to San Francisco and that defendants would have to get another attorney to attend to this case and the other matters. The book-keeper, being busy at…