Doyle

The defendants appeal from a decree quieting plaintiff’s title to a lot on the south side of University Avenue, east of Milvia Street, in the city of Berkeley. At the outset respondent contends appellants’ bill of exceptions should not be considered, because it is claimed it was not engrossed within ten days after it was settled. The delay in the engrossment of the bill was caused by the fact that on the proceedings for its settlement the court ordered the transcript of the reporter’s notes as to certain matters to be incorporated in the bill. The reporter who had taken the evidence at the trial had left the city of Oakland, no reporter’s transcript had been prepared, and his notes were not available. Within six months from the original proceedings on the settlement of the bill, with an affidavit showing diligence on the part of the appellants to ascertain the whereabouts of the missing reporter, a notice of motion was served and filed, upon which motion the court, on August 16, 1918, after the expiration of the six months’ period limited by section 473 of the Code of Civil Procedure, made an order in terms relieving the appellants from the effect of their failure to have the bill…