Catania

This is a motion to dismiss an appeal. The plaintiffs commenced an action to recover a judgment for goods sold. The trial court awarded them a judgment in the sum of $1,034.81. Thereafter the defendant made a motion for a new trial and the motion was denied, and thereupon the defendant filed in the trial court, on June 22, 1922, a notice of appeal, but the appellant has not caused to be prepared, settled or filed a bill of exceptions, and there has been no dismissal by the trial court of any proceedings for a settlement of a hill of exceptions. The appellant has not filed in this court a transcript on appeal, nor has he obtained any stipulations or orders extending the time to file the same.

On the third day of January, 1923, the respondents served a notice that on the twenty-ninth day of January, 1923, at the hour of 2 P. M., they would move that the appeal be dismissed “on the grounds that the same has not been prosecuted to effect and no transcript or hill of exceptions has been settled, signed and filed as provided by law and the rules of the court.” Thereafter, on the twenty-fifth day of January, 1923, the respondents and appellant entered into a stipulation that the motion…