Horne

This is an appeal from an order of the trial court denying defendant’s motion to be relieved from the effect of objections taken by plaintiff to proposed bill of exceptions because of defendant’s failure to file said bill in due time.

The motion of defendant was made under section 473 of the Code of Civil Procedure. It appears by the affidavits upon which the motion was considered by the trial court that after the plaintiff had obtained a judgment in the action for damages for personal injuries, the respective attorneys for plaintiff and defendant negotiated with a view to compromising the claim and avoiding any further litigation. By stipulation between said attorneys the defendant’s time for serving and filing proposed bill of exceptions was extended to November 25, 1921. On that date attorney for defendant requested of the attorney for plaintiff a further extension of ten days, which was granted. At the expiration of said time (December 5, 1921) attorney for defendant telephoned to the attorney for the plaintiff and requested an additional ten days, stating that the representative of the defendant company was in Los Angeles and would come to San Francisco within a few days to…