Grady v. Donahoo

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…