Kerrigan
Kerrigan v. Anderson
Opinion
lead Opinion
Richards, J.
This is an appeal from an order of the superior court of the county of San Mateo denying a motion of the plaintiffs herein to be relieved from their default in failing within the time allowed by law to serve and file their proposed bill of exceptions in the ease.
The action was one brought to set aside a deed given to the defendant by her mother conveying certain real estate. Judgment was therein entered in favor of the defendant on March 9, 1920; notice of the entry of such judgment was served on the plaintiffs’ attorneysi on March 25, 1920, and was filed on April 1, 1920. A motion for a new trial was made by the plaintiffs and denied on May 13, 1920; on June 10, 1920, notice of appeal from the judgment was duly served and filed; on June 11, 1920, a written stipulation signed by the attorneys for both parties was filed extending the plaintiffs’ time to prepare and serve a bill of exceptions to July 1, 1920. Thereafter certain corre spondence and also certain conferences occurred between respective counsel having reference in part to the preparation of the bill of exceptions and in part to' the settlement of the ease. On September 20, 1920, counsel for the defendant wrote a…