Wood

This is an appeal by the defendant, Cora Van Aernam Peters, from an order of the trial court terminating proceedings for the preparation of a transcript on appeal undertaken to be prepared' in accordance with the provisions of section 953a of the Code of Civil Procedure, and from an order of the court denying the said defendant’s motion to be relieved from the default of the clerk and of said defendant in failing to file the reporter’s transcript of the evidence produced upon the trial of the action within the time prescribed by law.

The following facts pertinent to this appeal are presented by the record herein: Judgment in favor of plaintiff was rendered on December 27, 1930. Notice of entry of judgment was given on January 2, 1931. On the latter date the aforesaid defendant gave notice of appeal from the judgment and on this same date there was filed in her behalf a notice directed to the clerk to prepare the transcript on appeal. Here the matter rested until March 2, 1931, when plaintiff’s counsel gave notice that on March 16, 1931, he would move to terminate the proceedings theretofore instituted for the preparation of the transcript on appeal. Upon the hearing of this…