Cameron v. Carroll

Belcher, C. C.

This is an appeal from an order setting aside a judgment rendered in the absence of the plaintiff and his attorneys. The motion to set aside the judgment was made under section 473 of the Code of Civil Procedure, and was granted on condition that the plaintiff pay to the defendant the sum of $100 within ten days. The defendant excepted. The only question is, did the court abuse its discretion in making the order?

After reading the affidavits presented we cannot say that there was any abuse of discretion. The ease was at Sacramento, and the plaintiff’s attorneys resided at Red…