Hannon

The respondents have made a motion in this case to strike the reporter’s transcript from the files and affirm the judgment on the ground of unreasonable delay in the preparation of the transcript and on the further ground that the trial court abused its discretion in failing to terminate the proceedings for its settlement after a delay of more than six months, and for the reason that the appeal is frivolous. The facts are as follows: Judgment was rendered for plaintiffs on March 24, 1930. Notice of entry of judgment was served March 31, 1930. Notice of order denying defendant’s motion for a new trial was served and filed April 21, 1930. On April 26th the defendant filed his notice of appeal and a notice to the clerk requiring the reporter to make up the transcript of all the testimony offered or received, advising the clerk therein that the defendant would arrange personally with the reporter for his compensation. The trial of the cause consumed only a couple of hours, but most of the testimony was documentary and appellant’s counsel endeavored to have the reporter certify the testimony without the documentary evidence, which the reporter refused to do. He also asked the…