Willett

This appeal is from an order of the trial court denying an application made under section 473 of the Code of Civil Procedure to be relieved from a default in failing to present a bill of exceptions within the time allowed by law.

Appellants’ motion was made on the following grounds: 1. “That through mistake and inadvertence of plaintiffs’ counsel they were not advised of the time when plaintiffs’ time for serving and presenting such proposed bill of exceptions commenced to run,” and 2. “That through mistake and excusable neglect plaintiffs were unable to obtain the reporter’s transcript of the testimony taken upon the trial within the time for serving and presenting their proposed bill of exceptions and were thereby prevented from preparing such proposed bill of exceptions within proper time.”

In support of their motion for relief because of the asserted mistake, inadvertence, and excusable neglect of plaintiffs’ counsel, the affidavit of such counsel was filed. The substance of this affidavit, after setting forth the professional engagements and press of business of affiant and letters in which respondent’s counsel made no objection to the time being extended, is contained in…