Gray

This is an application on the part of respondents by motion to dismiss the appeal from the judgment therein and also dismiss the appeal from the order granting a new trial, on the following grounds:

The authorities submitted in support of said motion are: 2 California Jurisprudence, page 757, and it is further contended that the appellant, in his appeal record, has violated rule VIII of the appellate court, and this is supported by the case of Thos. J. Haverly Co. v. Pacific Indemnity Co., (Cal. App.) 4 Pac. (2d) 214 .

In response to the motion to dismiss, appellant cites authorities in which the Supreme Court and appellate courts have excused the delay in some instances, to wit: Gould v. Stafford, 77 Cal. 64 [ 18 Pac. 879 ] ; Robinson v. Robinson, 158 Cal. 117 [ 110 Pac. 112 ] ; Grant v. Lamori, 71 Cal. 329 [ 12 Pac. 238 ] ; Chapman v. Bank, 88 Cal. 419 [ 26 Pac. 608 ].

We have examined these authorities but fail to see where they meet the situation here and fail to see where further delay can help the situation here. The trial court has granted the motion for a new trial and has refused to certify the record on appeal in order to complete the record, and the court has given…