Jones

This is a petition for a writ of review whereby the petitioner seeks the judgment of this court setting. aside and annulling a certain order made and entered by the superior court of the county of San Joaquin, Honorable George F. Buck, presiding, on the sixteenth day of February, 1924, in an action then pending before said court, entitled “Ruth Jones, Plaintiff, vs. Southern Pacific Company, a Corporation, et al., Defendants, No. 16266.”

The pleadings show the following facts: On the eighth day of November, 1923, a judgment was entered in said superior court in favor of the plaintiff in an action entitled, “Ruth Jones, Plaintiff, vs. Southern Pacific Company, a Corporation, et al., Defendants”; that the respondent, Southern Pacific Company, thereafter gave notice of its appeal and the time within which it should have prepared and served its proposed bill of exceptions lapsed prior to the fourteenth day of January, 1924; that on January 14, 1924, the said superior court, upon application therefor by the respondent, Southern Pacific Company, made and entered its order relieving the defendant, Southern Pacific Company, in said action from its default and failure to present its bill…