Shively v. Kochman

Plaintiffs appealed from an order granting defendants’ motion to set aside a default judgment entered against defendants in an action to recover rent for an apartment house and damages resulting from injury to and loss of the furnishings therein during defendants’ occupancy of the premises under a lease. The motion was based on grounds of mistake, inadvertence and excusable neglect. (Code Civ. Proc., sec. 473. ) The appeal was taken on a bill of exceptions, and thereafter plaintiffs filed a typewritten transcript on appeal and a printed opening brief. Approximately six months after the filing…