Atwood v. Northern Pacific Railway Co.

— Judgment was entered against appellants by default. They moved to set it aside on the ground that it was taken against them through mistake, inadvertence, 'and excusable neglect. From the order of the trial court denying the motion to set aside the judgment, and also from the judgment itself this appeal is taken.

Under C. S., see. 6726, the court may, upon timely application, relieve a party from a judgment, order or other proceeding taken against him through his mistake, inadvertence, or excusable neglect. This court has held that the mistake, inadvertence or excusable neglect contemplated…