Jones

Among others, the respondent W. J. Bryant was made a defendant in a suit brought by petitioner in the Superior Court of San Diego County; later a judgment was rendered in favor of the plaintiff. This was on the sixteenth day of April, 1925, and it was entered on the following day. On the twenty-seventh day of May, 1925, Bryant filed a notice of appeal and request for transcript of proceedings with the county clerk. On October 13, 1925, he, through his counsel, filed a notice stating that on the nineteenth day of October he would move the court for an order allowing him to file a request for transcript of the proceedings and an order directing the clerk to forward said transcript to the supreme court. The notice indicated that the motion would be for relief under section 473 of the Code of Civil Procedure because of mistake, etc., in making a request for transcript more than ten days after notice of the entry of judgment, and stated that it would be based on two affidavits which were filed with the notice of motion. Bryant’s counsel appeared in court at the time designated, called attention to his notice and affidavits, and announced his readiness to present the motion. At that…