Johnston

Motion to dismiss appeal upon the ground that appellant has failed to file his transcript within the time prescribed by law. The action was one brought on a promissory note and it was filed on March 15, 1928. The case was tried without a jury on September 25, 1928, and was submitted. After its submission the parties entered into negotiations for a settlement, but nothing came of the matter. On April 19, 1929, the court rendered judgment in favor of plaintiff and against defendants in the sum of $500. Notice of appeal was filed May 3, 1929. No attempt was ever made to prepare a bill of exceptions or to obtain the preparation of a transcript pursuant to the provisions of section 953a of the Code of Civil Procedure until January 24, 1930, when the transcript was filed herein. It thus appears that a period of more than eight months • has elapsed since the notice of appeal was filed and two days after a notice of motion to dismiss the appeal was made. Rule I of the court requires that the transcript shall be filed within 40 days after the appeal is perfected; and if the appeal is taken on a bill of exceptions or in pursuance of section 953a of the Code of Civil Procedure, the time for…