Grabovich
Western Concrete Pipe Co. v. Grabovich
Opinion
Lead Opinion
Conrey, J.
On the sixth day of June, 1929, pursuant to notice duly given, the attorneys for the respective parties in this action appeared before the superior court and two motions were presented, whereupon the court made the orders which are the subjects of the present appeals. The plaintiff moved for an order dismissing proceedings theretofore taken by the defendant for the purpose of procuring transcripts for use on the appeal of the case, on the ground that the defendant had failed to comply with the terms of section 953c of the Code of Civil Procedure, and had not taken the steps required by said section either within the time or in the manner prescribed, or at all. That motion having been presented, the defendants opposed the same and also moved the court for an order relieving said appellants from their default, if - any, in perfecting their appeal and obtaining the reporter’s transcript. This motion for relief was made upon ground of excusable neglect, of which the circumstances were set forth in an affidavit of the attorney Mr. Dadmun. Those matters having been submitted to the court the motion of appellants to be relieved from their default was denied, and the motion of the…