Sherriffs

The respondent moves to dismiss the appeal upon the ground that the appellant has been guilty of unreasonable delay and laches in the preparation of the record and has failed to file a transcript within the time prescribed by law. Judgment was entered against the appellant on November 19, 1928, in an action upon appellant’s written guaranty for the payment of a promissory note. Notice of appeal was filed on January 9, 1929, and, on the same day, the appellant filed with the county clerk his request to prepare a transcript under section 953a of the Code of Civil Procedure. On August 12, 1930, upon motion of respondent, proceedings for the settlement of said transcript were terminated by order of the superior court. To date no transcript has been filed in this court.

Appellant’s laches in the prosecution of the appeal is conceded, but he seeks to excuse the delay upon the ground that at some stage of the proceedings the papers constituting the judgment-roll were removed from or lost in the clerk’s office. Both parties seemed to have been content to place upon the other the burden of finding or restoring these papers. At this time, approximately two years after the entry of the…