Taylor v. Derry

On the 18th day of May, 1892, William Derry, plaintiff *110below, recovered judgment against the defendant,-Charles E. Taylor, for $105. On the same day defendant prayed an appeal to this court, which was allowed, and sixty days given him within which to prepare and tender his bill of exceptions. On the 8th day of July, 1892, upon defendant’s motion, the court made an order extending this time thirty additional days. It appears from the record that no notice of the motion was given to the plaintiff or his attorney, and that the order was made exfarte. Section 372 of the Civil Code provides that…