Engstrom

Plaintiff moves to dismiss defendant’s appeal upon the ground that “although said appeal was taken on the thirtieth day of April, 1929, no steps have been taken to perfect said appeal by causing a transcript or bill of exceptions to be settled and allowed.”

The action was tried in extra session of the Superior Court, in and for the City and County of San Francisco, before a judge from another county sitting with a jury. The trial consumed two days, and on the second day the court reporter regularly assigned to said court was absent and his place was filled by a substitute employed only temporarily in the Superior Court. On April 30, 1929, in conformity with the requirements of section 953a of the Code of Civil Procedure, defendant filed a notice with the clerk, stating that he had appealed from the judgment and requesting that a transcript be made up and prepared in accordance with the provisions of said section. Shortly after the trial, however, the substitute reporter moved away from San Francisco and thereafter his whereabouts were unknown until a few days prior to the hearing of this motion when defendant’s attorneys were informed that he was living in Los Angeles or San…