Jones v. Buck

[369]

PLUMMER, J.

This is a petition for a writ of review whereby the petitioner seeks the judgment of this court setting. aside and annulling a certain order made and entered by the superior court of the county of San Joaquin, Honorable George F. Buck, presiding, on the sixteenth day of February, 1924, in an action then pending before said court, entitled

“Ruth Jones, Plaintiff,

vs.

Southern Pacific Company, a Corporation, et al., Defendants,

No. 16266.”

The pleadings show the following facts: On the eighth day of November, 1923, a judgment was entered in said superior court in favor of the plaintiff in an action entitled,

“Ruth Jones, Plaintiff,

vs.

Southern Pacific Company, a Corporation, et al., Defendants”;

that the respondent, Southern Pacific Company, thereafter gave notice of its appeal and the time within which it should have prepared and served its proposed bill of exceptions lapsed prior to the fourteenth day of January, 1924; that on January 14, 1924, the said superior court, upon application therefor by the respondent, Southern Pacific Company, made and entered its order relieving the defendant, Southern Pacific Company, in said action from its default and failure to present its bill of exceptions within the time allowed by law, and then and there permitted the defendant in said action, respondent in this, Southern Pacific Company, to file its said bill of exceptions; that thereafter, and on the twenty-fourth day of January, 1924, the petitioner herein (the plaintiff in said action against the Southern Pacific Company) duly served and filed in said court in said cause her notice of appeal whereby it appealed from the order of said superior court so made and entered on the fourteenth day of January, 1924, to the supreme court of the state of California; that thereafter, and after said appeal by the plaintiff in said action (the petitioner in this), the said superior court on the sixteenth day of February, 1924, made and entered in said cause its order settling said bill of exceptions presented by the Southern Pacific Company, the defendant in said action, and the respondent in this, said order being as follows: