Long

Motion to dismiss an appeal for failure to file points and authorities.

The court, under a misapprehension of the facts disclosed by the record heretofore, made an order denying the motion.

The appeal is from an order of the trial court denying plaintiff’s motion for a new trial.

The transcript was filed on October 22, 1908 (not November 21st, as stated by appellant’s affidavit). On November 18th, pursuant to stipulation filed, this court made an order granting appellant thirty days’ additional time within which to file his points and authorities. This extension of time expired on December 21st, and, so far as disclosed by the record, no further stipulation was filed herein, and no order made further extending the time.

On April 1, 1909, appellant not having filed his points and authorities, respondent served notice on his attorney that it would, on April 26, 1909, move the court for an order dismissing the appeal upon the ground of appellant’s failure to file such points and authorities within the time prescribed by the rules therefor, which notice of motion was filed in this court on April 7th. Thereafter, on April 24th, appellant delivered to the clerk of this court his…