Hertter

Hertter v. Addis

Good Law
1928 Cal. App. LEXIS 142·89 Cal. App. 160·265 P. 298
Court of Appeal of CaliforniaFebruary 9, 1928Docket No. 4678.California1,964 words

Opinion

Lead Opinion

Thompson, J.

Two actions were commenced against the defendants and respondents arising out of an automobile collision, one by the plaintiff Emma Hertter for personal injuries and the other by the plaintiff Lydia E'. Seward for injuries to herself and damages to the automobile owned and driven by her. The two actions, by stipulation, were tried together by the court without a jury, resulting in judgments for the defendants, and each appellant prosecutes an appeal from the judgments rendered against her.

Before reciting other facts we note that respondents object to the consideration of those appeals on the ground that the bill of exceptions was not settled within the time allowed by law. It appears that on March 28, 1923, and within the time provided for by section 650 of the Code of Civil Procedure, appellants served upon respondents’ counsel a proposed bill of exceptions and that within ten days thereafter respondents served their proposed amendments, both of which were delivered to the trial judge on or about May 30, 1923, who fixed the thirtieth day of June as the day for the settlement thereof. On June 30th the judge declared that the proposed bill “was not a sufficient bill of exceptions…

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