McConnell v. Schultz

King, J.,

delievered the opinion of the court.

Both assignments of error relied on relate to the action of the trial court in overruling the motion of appellants to set aside and vacate the judgment herein rendered against them. In the first assignment the court’s action is designated as error; in the second, as an abuse of discretion.

The record shows that issues were joined and the cause ready for trial July, 1905, and that it had been set for trial upon several different dates, but for some reason continued. May 27th, 1909, the attorney for plaintiffs notified the attorney for defendants…