Smith v. Riverside Groves & Water Co.

Judgment was duly given and made in plaintiff’s favor and against defendant on March 3, 1910, and on the same day notice thereof given. Notice of appeal from such judgment was served and filed on March 14, 1910. On April 14th following, defendant served on plaintiff’s attorneys ivhat purported to be a bill-of exceptions, service of which was acknowledged, “reserving all objections to the same that might be made because the same was not served within the time allowed by law or the order of court.” On April 19th, recognizing its default in serving such bill within proper time, defendant made application to the court for relief from said default under section 473, Code of Civil Procedure. The parties upon the date of such hearing stipulated in open court that plaintiff should have ten days after service of the notice of the ruling upon such application within which to serve amendments to defendant’s proposed bill of exceptions. Thereafter, on May 4th, the court by its order relieved defendant on account of its default and granted defendant five days from and after May 4th within which to serve said proposed bill of exceptions, and plaintiff was given ten days from date of service…