Simpson

Application for a writ of mandate.

In an action by Simpson and Gray, the petitioners herein, against Peyton et al., tried in the superior court of San Joaquin County, the findings of the court were filed, and judgment thereupon rendered, and entered December 22, 1890, against said petitioners. It does not appear that any notice of the decision was ever served upon petitioners, but on January 2, 1891, a stipulation was filed in said court which shows they had actual knowledge at that date of the rendition of the judgment, and for the purposes of this decision it will be assumed that they had notice thereof at that time. Five days thereafter, the attorneys for the defendants in that action signed and delivered to the attorneys of the petitioners a written stipulation by which it was stipulated and agreed that the petitioners here should have thirty days from the date thereof “ within which to prepare, serve, *490 and file a bill of exceptions, notice of motion for a new trial, and statement on motion for a new trial.” This stipulation was not filed with the clerk of the court until April 15, 1891, nor was there any order of the court, or of the judge thereof, extending the time…