Bice

Plaintiffs have appealed from two orders denying their motions made under section 473 of the Code of Civil Procedure: one motion for an order setting aside a judgment of dismissal with prejudice as to one defendant and for other relief, the other motion for an order setting aside in part and amending the judgment of dismissal.

The action was commenced on November 9, 1949, by plaintiffs for damages for fraud in the exchange of real properties. The cause went to trial; defendants’ objections to the introduction of evidence were sustained; and judgment for defendants entered. On plaintiffs’ appeal the judgment was reversed as to all defendants except a bank. (Bice v. Stevens, 136 Cal.App.2d 368 [ 289 P.2d 95 ].)

William F. Thompson, one of the defendants, died prior to the reversal. His estate was in probate in the Superior Court of the City and County of San Francisco. Homer A. Thompson was the duly appointed administrator of the estate. Mr. Emory Morris of San Francisco was one of the attorneys for the administrator. The administrator had not been substituted as a defendant in place of the deceased.

The cause was again set for trial for May 7, 1956, in Department A. When it was…