Lien v. Morrill

This is an appeal from an order denying appellant’s motion for relief from his default in failing to serve his proposed bill of exceptions within the time prescribed by law.

The order denying appellant’s motion for new trial was entered on January 26, 1932, and notice thereof was given on the same day. Appellant therefore had ten days within which to serve his proposed bill of exceptions. (Code Civ. Proc., sec. 650.) No proposed bill was served within the time allowed. During said ten days counsel for appellant had a conversation with counsel for respondent in which he said: “He believed he…