Clark v. McCain

AMES, J., pro tem.

This, is an appeal from an order denying a motion to vacate and set aside a judgment rendered against the plaintiffs, who were not present, in person or by counsel, at the time of the trial, based upon the surprise and excusable neglect of plaintiff. The appeal was not taken upon a bill of exceptions nor was a record perfected pursuant to section 953a et seq. of the Code of Civil Procedure. However, there is appended to the transcript on appeal a stipulation of counsel designated “certificate of attorneys” which is in the following language:

“It is hereby agreed that the…