Ingrim

The superior court rendered its judgment in favor of the defendant Louise Clark in the above-entitled action, March 1,1901, and its judgment was entered of record on the same day. Notice thereof was served upon the plaintiff March 2, 1901. No notice of intention to move for a new trial was given, but on April 2d the plaintiff served upon the respondent a proposed statement on appeal. No order of court or stipulation of attorneys had been made extending the time for its service, and the respondent’s attorneys declined to accept service of the same. Thereafter—April 13th—the plaintiff served upon the respondent a notice that he would make application to the court to be relieved from his default in serving said proposed statement, upon the grounds of mistake, inadvertence, surprise, and excusable neglect, accompanying the notice with affidavits of his attorneys, setting forth the matters on which he relied. His application was denied by the court, and from this order he has appealed. In their affidavits in support of the motion the attorneys set forth that after the decision in the cause they determined to appeal from the judgment upon the sole ground that the evidence was…