Weyse

Weyse v. Biedebach

Good Law
1927 Cal. App. LEXIS 305·86 Cal. App. 728·261 P. 1096
Court of Appeal of CaliforniaNovember 15, 1927Docket No. 4783.California2,551 words

Opinion

Lead Opinion

Craig, J.

In 1920 appellants instituted an action to quiet title to certain lots numbered 1 to 29 in the Hay Tract addition to Nadeau Park, in Los Angeles County, and recovered judgment therein, from which the respondent in this proceeding appealed (and which appeal is num bered 4775). Notice of entry of judgment in that case was served and filed November 8, 1922, and on November 16, 1922, counsel for, Biedebach obtained an order from Judge Frank B. Willis of the superior court granting him thirty days in addition to that allowed by law within which to prepare and serve his proposed bill of exceptions, “no additional time having heretofore been granted.” Thereafter, and on November 29, 1922, upon stipulation of counsel, a second order extending the time thirty days further was granted by Judge Albert Lee Stephens, before whom the case had been tried, and on January 25, 1923, the last-named judge, upon stipulation therefor, extended such time “thirty (30) days from and after January 27, 1923, the date to which said time has heretofore been extended.” The defendant’s bill of exceptions was not served or filed within the time allowed by this latter order, and on March 2, 1923, his counsel…

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