1. It is within the discretion of the judge to allow a default to be opened at the trial term, for providential cause preventing the filing of a plea, or for excusable neglect, or where the judge, from all the facts, is of opinion that a proper case for opening the default has been made. Civil Code, § 5072 ; *461Fleetwood v. Equitable Mortgage Co., 108 Ga. 811; Graham v. B. & L. Ass’n, 110 Ga. 278; Mitchell v. Williams, 110 Ga. 280; Mitchell v. Allen, 110 Ga. 282.
Argued December 3, Decided December 20, 1900.2. It follows from the foregoing that this court will not reverse the judgment of a trial judge refusing to open a default, when the only reason assigned for the failure to appear and plead at the proper time is a misunderstanding of counsel for defendant, based on a statement made by the latter, as to the nature of the action.
Judgment affirmed.
All the Justices concurring, except Fish, J., absent.