Andreas

Appellant has petitioned this court for relief from a default, and further that the court “grant an extension of time to request the Clerk of the Superior Court for preparation of a Reporter’s Transcript.” Respondents have moved to dismiss the appeal.

The plaintiffs brought an action for the wrongful death of Alexander Andreas, who was killed January 28, 1957, while a passenger in a truck owned and operated by California Motor Express Company, which said truck was involved in a collision with a truck owned by California Milling Corporation and driven by Donald Ray Huard, an employee of the corporation. The petitioner here is the surviving wife of Alexander Andreas.

The petitioner was represented during the trial by the law firm of Dryden, Harrington, Horgan and Swartz. The remaining plaintiffs, the father and mother of the deceased, were represented by the law firm of Hightower, Gregg and Garland. A trial was had before a jury and the verdict was against the plaintiffs and for the defendants. A judgment on the verdict was entered April 25, 1958. A motion for a new trial was made April 29, 1958, and denied June 4, 1958.

Notice of appeal from said judgment was filed June 27,…