Schmidt v. Schmidt

This is an appeal from an order of the trial court refusing to grant relief from appellants’ failure to file a proposed bill of exceptions within the time allowed by law and refusing to settle appellants’ proposed bill of exceptions filed after the time allowed by law had expired.

On March 28, 1938, appellants were served with notice of the order denying their motion for a new trial. Their proposed bill of exceptions was not filed until May 13, 1938, and it is conceded that it was not filed within time. (Code of Civil Procedure, sec. 1054.) On May 23, 1938, respondents filed their objections…