Bonnifield v. Thorp

DELANEY, District Judge.

While the courts are vested with a large discretion in determining applications of this character, its exercise must be confined to the limits prescribed by statute, which, so far as this court is concerned, are laid down in section 102, pp. 242, 243, Hill’s Code Or. This section provides that the court may, in its discretion, “relieve a party from a judgment, order or other proceeding, taken against him through his mistake, inadvertence, surprise, or excusable neglect.” The only testimony submitted in support of the application is the affidavit of one of the attorneys…