California National Bank v. El Dorado Lime & Minerals Co.

This is an appeal by certain of the above-named defendants from an order of the superior court of the county of Sacramento denying a motion for relief under section 473 of the Code of Civil Procedure from a default in the preparation, service, and filing of a proposed bill .of exceptions to be used on an appeal from the judgment entered in the above-entitled action.

The judgment herein was entered on May 20, 1925. An order denying a motion for new trial was made on July 1, 1925, and notice thereof served on the appellants on July 3, 1925. Thereafter and on application the trial court granted to the appellants certain extensions of time within which they might serve and present their proposed bill of exceptions. When read together the several orders of the court below extended the appellants’ time approximately three months from the last day prescribed by statute (sec. 650, Code Civ. Proc.) for the preparation and service of a proposed bill of exceptions. On October 6, 1925, the proposed bill was served on the respondent, together with a notice of motion for relief from default in said service. The respondent had previously indorsed a reservation of all objections to service of…