Landreth v. Ducommun

Judgment was entered in the trial court in favor of the plaintiff. The defendant gave notice of appeal but did not prepare the recoz’d for use upon the appeal within the time prescribed by law. Thereafter and on August 1st, 1934, the court granted a motion of the plaintiff to terminate proceedings for preparation of the transcript on'appeal. Thereafter and within the time prescribed by law, upon the application of defendant for relief under section 473 of the Code of Civil Procedure, the court made an order relieving the defendant from his default in failing to serve a draft of the proposed…