Jones

This appeal is from an order of the trial court relieving the defendant from its default in preparing and serving its draft of a bill of exceptions within the time allowed by law.

From the affidavit of Arthur L. Levinsky, one of the attorneys for defendant, it appears that judgment in the action was entered on the eighth day of November, 1923; that on the next day affiant requested the official court reporter to prepare a transcript of all the testimony taken at the trial and that the reporter agreed to do so; that such transcript was delivered on the fourteenth day of December, 1923, and “immediately upon receipt of the aforesaid transcript . . . affiant began dictating . . . the proposed bill of exceptions . . . and ever since the fourteenth day of December, 1923, save and except on Sundays and legal holidays” affiant’s stenographer “has been actively and continuously engaged in preparing said proposed bill of exceptions”; that such transcript contains 351 pages of typewritten matter, without including the instructions or special findings of the jury, “and that by reason thereof it would have been impossible to prepare said proposed bill of exceptions within a shorter period of…