McArthur

Action against defendants as executors of the estate of Charlotte T. Paxton, deceased, to recover for medical services alleged to have been rendered by plaintiff to the deceased.

Defendants appeal from a judgment rendered in favor of plaintiff.

The judgment-roll is accompanied by a bill of exceptions exhibiting the alleged erroneous rulings of the court made in the course of the trial. This bill of exceptions was settled and allowed by the court over plaintiff’s objections, which were embodied in a special bill of exceptions settled at the time. .

In considering the appeal, respondent insists that appellants’ bill of exceptions should be disregarded for reasons disclosed by the record as follows: The judgment was- entered April 12, 1917, and notice thereof served upon defendants on April 14th. Defendants served a notice of intention to move for a new trial on April 24th, which motion, for want of prosecution, was denied by operation of law on July 14th (Code Civ. Proc., sec. 660), of which fact defendants must be deemed chargeable with notice. (Bernschein v. Whitaker, 175 Cal. 130 , [ 165 Pac. 523 ].) Thirty days thereafter, to wit, on August 13th defendants served their…