Hеrein it was shown that the defendant, after summons, acted with some diligence, and in full purpose to contest the plaintiff’s claim, but became in default in the action solely at the fаult and neglect of the defendant’s attorneys and/or their еmployees, though in view of the organization of the work оf representation of defendant in the firm of attorneys there are extenuating or excusing circumstances in this cаse; and, that, with promptness after the entry of the *611 default judgmеnt, the defendant filed motion to vacate the judgment, and therewith tendered an answer stating a defense to the plaintiff’s action. The motion and answer were filed in such time that had the motion been sustained, the plaintiff would have suffered no serious injustice, and no more loss of time in his right to a speedy trial and determination of his claim than if the answer had been filed within the time fixed in the summons. All of the circumstances demonstrаte to the satisfaction of this court that the denial of the motion to vacate the default judgment results in a serious injustiсe to the defendant, which could have been avoided and which should have been avoided by granting the motion to vаcate, upon the application of sound judiciаl discretion.
For the purpose of administering justice the distriсt courts of this state have a wide and extended discretiоn in modifying, vacating, or setting aside judgments during the term at which they are rendered. The exercise of that discretion is subject tо review and correction by the Supreme Court. Halliburton v. Illinois Life Ins. Co.,
It is well known that many appellate courts have long exercised the power, and followed the ¡prаctice, of promulgating opinions in short form' or' in memorandum form as to the law and the facts. In so far as such judicial power and practice could receive legislative recognition, re-enforcement, declaratiоn, or approval in this jurisdiction, that has all been suppliеd by Senate Bill 450, S.L.1953, p. 56, 12 Okl.St.Ann. § 976, where the amendment in reference to opinions of the Supreme Court reads:
“Provided, however, that in any case the opinion' of the Court' may be in such shоrt form or memorandum form as to the questions of law and the fаcts involved as the Court deems proper, with or without detаiled statement of the facts, all as the Court in its discretion mаy deem sufficient in that case.”
We consider this opinion to be a sufficient statement of the questions of law and of the essential facts in the case.
The trial court, in an apparent effort to make some correction оf the injustice, did make an order reducing the judgment by requiring a remittitur оf $68,000 thereof, leaving the judgment to stand in the sum of $25,000 but under the circumstances shown herein we hold it was an abus.e of discretion to refuse to vacate the default judgment.
The order of thе trial court refusing to vacate the default judgment is reversed. The cause is remanded with directions to the trial court to vacate the default judgment, and to allow the defendant a reasonable time in which to answer.