Porter

The respondent has moved to dismiss the appeal taken from the judgment in the foregoing entitled cause under the method authorized by section 941a et seq. of the Code of Civil Procedure upon the grounds: 1. That appellant has not filed the undertaking required by section 953b of the Code of Civil Procedure (Stats. 1907, p. 751), by which the party giving notice that he desires and intends to appeal from any judgment, order or decree of the court,' shall undertake and agree to pay to the clerk the cost of preparing said transcript; 2. That appellant has not complied with rule 2 of this court by causing to be filed a printed or any transcript of the record in this court within forty days after her said appeal was perfected.

The record here on this motion, as certified to by the clerk of the court below, recites the following facts: That judgment was rendered in this action in. favor of the plaintiff and against the defendant, Phear E. Porter, on the thirteenth day of January, 1908, and that notice of said decision and judgment was served on said defendant on the twe.nty-first day of January, 1908; that on the thirtieth day of January, 1908, said defendant filed a notice of…