Mulcahy

A motion on notice given has been made to dismiss the appeal herein on the ground that no transcript or other record on appeal was filed within the time prescribed by rule 2 of the supreme court ( 176 Pac. vii ). The motion is supported by the certificate of the clerk of the superior court certifying the nature of the action and the relief demanded by the complaint, the amount of the judgment appealed from, and a statement that the notice of appeal to this court was filed in the office of said clerk on the twenty-third day of August, 1921. The certificate contains this further statement: “A proposed bill of exceptions to be used on appeal from said judgment was filed in my office on the 11th day of October, 1921; that the above entitled court (the Superior Court) dismissed the proceedings for the settlement of said bill of exceptions on the 8th day of May, 1922; that there is no other proceeding pending for the settlement of the bill of exceptions or for a transcript under Section 953-a of the Code of Civil Procedure of the State of California; that no such proceeding under section 953-a of the Code of Civil Procedure was ever instituted, and the time to institute the same has…