Snodgrass

This is a motion to dismiss an appeal from a judgment of the Superior Court of San Diego County because of the failure of appellants to file their record on appeal within the time specified in section one of rule I of the Rules of the Supreme and District Courts of Appeal of the state of California, and seeking to invoke the penalty for the failure to so file the record prescribed in section one of rule V of the same rules.

The judgment in question was rendered on July 31, 1931. A motion for new trial was denied on September 29, 1931, and notice of this order served on either September 30 or October 1, 1931. Notice of appeal was filed October 9, 1931. On October 9, 1931, an order was signed by a superior judge of the court below giving defendants until November 9, 1931, in which to settle and file a bill of exceptions. Various other similar orders were signed and filed, the last of which purported to give appellant to July 10, 1935, to settle and file the bill of exceptions. We suppose that 1933 is a typographical error. The notice of motion to dismiss, certificate of the clerk, affidavits and points and authorities were filed here on June 29, 1932. On July 6, 1932, appellants…