Fulweiler v. Hog's Back Consolidated Mining Co.

Hayne, C.

This is an appeal by defendant from orders refusing to set aside a default. The defendant’s first motion to set aside the default was denied. Leave was subsequently granted to renew the motion, and the motion was renewed upon additional affidavits, but was again denied. There was made, also, a motion to change the place of trial, but the counsel for the appellant states in his brief that this motion was abandoned; and the appeal is taken only from the orders refusing to set aside the default.

We think that the default should have been set aside.

The action was commenced at Auburn, in…