Peters

The appellant brought this action under section 29b of the Workmen’s Compensation, Insurance and Safety Act (Deering’s Gen. Laws, 1923, p. 1736) against respondents as stockholders of the California Building & Loan Association to recover damages which appellant claims she sustained by reason of the death of her husband on June 2, 1926. After trial, and on September 13, 1929, the jury returned verdicts in favor of appellant and against respondents for their proportionate share of $21,500. On the following day the respondents moved for judgment notwithstanding the verdict and at the time this motion was argued counsel for appellant stipulated that the respondents might make a motion for a new trial, on all the grounds set forth in the code, without the filing of a notice of intention so to move. Thereupon the motion for judgment notwithstanding the verdicts was denied by the court and the motion.for new trial was granted. At the time this motion was granted, to wit: September 14, 1929, no written notice of intention to move for a new trial had been filed and no filing fee therefor had been paid or tendered to the county clerk. On September 20, 1929, appellant served notice of entry…