Severtson

This is a motion by respondent to dismiss the appeal herein on the ground that appellant has not filed a transcript of the record within the" time required. The facts hereinafter stated are admitted.

Plaintiff sued for the sum of $1,112.25. By cross-complaint the defendant demanded judgment against plaintiff in the sum of $1,200. “November 19, 1923, judgment was entered ... in favor of defendant and against the plaintiff on the complaint and in favor of plaintiff and against defendant on the cross-complaint.” On the following day the "plaintiff filed with the clerk of said superior court a notice of appeal from the judgment on the complaint and on the same date filed with said clerk a request that he prepare the papers on the appeal from said judgment on the complaint in the manner provided by sections 953a, 953b, and 953c of the Code of Civil Procedure.” The transcript on plaintiff’s appeal, including the reporter’s transcript of the proceedings at the trial, was filed in this court April 3, 1924. On January 7, 1924, the defendant filed notice of appeal from the judgment “on the cross-complaint,” but has taken no steps to provide a record on his appeal, the only record on file…