Johannsen

This is an appeal from an order denying defendants' application for relief from their de fault, after judgment, in neglecting to prepare and serve their proposed bill of exceptions within the time required bylaw.

The sole question for decision is whether fhe trial court abused its discretion in refusing, from the showing made, to find that the neglect involved was, under the circumstances, an excusable neglect.

The notice of entry of judgment was served on defendants’ attorneys on November 3, 1925, and there having been no extension of the time, either by order of court or by stipulation, the time to prepare and serve the proposed bill of exceptions was allowed to expire on November 13, 1925, and no attempt to serve such bill was made until December 3, 1925.

There being a number of counsel involved, we will ascertain first who was neglectful in performing some duty devolving upon him under the showing made, and, second, was the neglect in question such an excusable neglect as, upon the showing made, would require the trial court to set aside the default This was apparently the method of inquiry adopted by our supreme court in the leading case of Stonesifer v. Kilburn, 94 Cal.…