
    TREVARTHEN, Appellant, v. PEELER, Administrator, Respondent.
    (No. 2,643.)
    (Submitted April 7, 1909.
    Decided April 16, 1909.)
    [101 Pac. 149.]
    [For syllabus, see Pengelly v. Peeler, ante, p. 26, 101 Pac. 147.]
    
      Appeal from District Court, Flathead County; J. E. Erickson, Judge.
    
    Action by Mary Trevarthen against D. R. Peeler, as administrator of Jacob Fine, deceased. From an order setting aside a default judgment, and permitting defendant to answer, plaintiff appeals.
    Affirmed.
    
      Mr. Charles W. Pomeroy, and Messrs. Carpenter, Day & Carpenter, for Appellant.
    
      Mr. C. 3. Foot, and Mr. W. 3. Poorman, for Respondent.
   bHt. JUSTICE SMITH

delivered tbe opinion of tbe court.

Tbe record in this case discloses substantially tbe same situation as that found in Pengelly v. Peeler, ante, p. 26, 101 Pac. 147, and on that authority tbe order appealed from is affirmed.

Affirmed.

Mr. Chief Justice Brantly and Mb. Justice Holloway concur.  