Spokane & Idaho Lumber Co. v. Stanley

The opinion of the court was delivered by

Fullerton, J.

This is an appeal from an order setting aside and vacating a judgment. The judgment vacated was entered in an action brought to foreclose a mechanic’s lien, in which issue of fact had been regularly joined, and after a trial had thereon, of which the respondents had no notice, and at which they did not appear. The application to vacate was made by motion, based upon the grounds of mistake, inadvertence, surprise, and excusable neglect, the facts thereof being shown by affidavits attached to, and served upon the appellant with the motion.…