Bole
Bole v. McAdams
Opinion
Lead Opinion
Marks, J.
This is an appeal from an order of the Superior Court of Orange County made on the eleventh day of September, 1931, denying the motion of appellant to vacate and set aside an order made on the seventh day of August, 1931, sustaining objections of respondent to the settlement of a proposed bill of exceptions on appeal from a judgment, and denying appellant relief from his default in preparing and proposing such bill of exceptions for settlement, under the provisions of section 473 of the Code of Civil Procedure.
Judgment was rendered in favor of respondent in the trial court on March 14, 1931, and a notice of appeal was filed within the time allowed by law. On April 21, 1931, appellant obtained an order extending his time to prepare and serve his proposed bill of exceptions on appeal, to and including the fifth day of May, 1931. A copy of this order was served upon the attorneys for respondent and the original was filed with the county clerk. On May 2, 1931, a further order extending time to and including May 15, 1931, was obtained and filed, but was not served. On May 18, 1931, another order extending time to and including May 25, 1931, was signed, but was neither served nor was…