173 Iowa 330 | Iowa | 1915
The showing for the attorney is, in substance, that he was present when the defaults were called, and heard no default taken in this ease and supposed that none had been taken. It was at a time when he was very busy, and his attention might have been distracted under circumstances rendering the oversight excusable. The determination of such question involves a considerable discretion on the part of the trial court. The trial judge is in a position to apply his judgment in such a case in the light of the surroundings of the parties. We interfere reluctantly with such an order of the trial court as the one before us. Only an abuse of discretion will warrant our interference. And this is especially so where the court has exercised its discretion in favor of a new trial. Bank v. Trester, supra, and cases therein cited.
The order will be — Affirmed.