Shay

The plaintiff brought this action to recover damages for a trespass committed by the defendant in taking and carrying away certain personal property of the plaintiff. Service of the summons and of a . copy of the complaint was made upon the defendant •May 18, 1895, and on May 29th its default for failure to *551 appear was entered by the clerk. June 5, 1895, judgment was entered against the defendant and in favor of the plaintiff for the sum of two thousand dollars. June 7th a motion was made to set aside the default and judgment, on the ground that the same were entered and given “ through inadvertence and excusable neglect of the defendant.” This motion was denied, and the present appeál is taken from this order and also from the judgment.

1. The court properly refused to set aside the default of the defendant. The facts shown by it in support of the motion indicated inexcusable neglect. The summons and copy of the complaint were served upon its secretary on the 18th of May, and he delivered them to the president of the defendant on the 23d. The president read the papers that day, and observed their date, but, without making any inquiry as to the time when they were served,…