Bowen

Plaintiffs, Colonel L. Bowen and his wife, sued defendant, Daniel J. Cowett, an attorney, for malpractice and breach of contract by reason of his failure to carry out his employment of August 18, 1959, to move to set aside a judgment entered against the plaintiffs on March 13, 1959, in another action. The plaintiffs have appealed from a judgment of dismissal following a summary judgment favoring defendant.

The background of the action is as follows: One Addie M. Hicks obtained a judgment against Boy B. Bansom and Ceeile Bansom (hereinafter called Bansom) on August 10, 1956, in action No. 81748 in the San Bernardino County Superior Court. On June 7, 1956, Bansom deeded certain real property to Quinon D. Wallace and Bose Mary Wallace (hereinafter called Wallace) who thereafter deeded the same property to the appellants herein. Later, in action No. 88813 in the San Bernardino County Superior Court, Hicks sued to set aside as fraudulent the conveyances from Bansom to Wallace and from Wallace to appellants. The appellants appeared through an attorney of record; they had notice of trial, and when the action was called for trial January 26, 1959, the appellants herein appeared in court…