Lobree

Judgment was entered in favor of plaintiff and against the defendants in the superior court of Mendocino County on the 28th of October, 1918, and notice thereof was served on the same day. Thereafter from time to time the. defendant L. B. White Lumber Company obtained from the judge of the superior court orders extending its time to serve its bill of exceptions. These extensions ran to the 20th day of December, 1918, which was several days beyond the time which the court had jurisdiction to grant under the provisions of section 1054 of the Code of Civil Procedure. On the said 20th day of December counsel for the Lumber Company requested an additional extension, but it does not appear that the request was either granted or refused. In any event, on the following day a proposed bill was served upon counsel for plaintiff. On January 28, 1919, counsel for plaintiff served upon the defendant Lumber Company his objections to the proposed bill of exceptions, based upon the failure of said defendant to serve the bill within the time prescribed by law. On the 7th day of February following the proposed bill and plaintiff’s objections to the settlement thereof were presented to the judge of…