Fisher

There are three different motions in this ease, each taking a separate number. Number 669 is a motion to dismiss the appeal from the judgment on the ground that no transcript has been filed in time. The transcript, however, was filed agreeably to stipulation, which is a sufficient answer to the first motion. The second motion, number 671, is a motion to dismiss defendant’s appeal, taken July 29, 1907, from the order of the superior court, made May 31, 1907, denying appellant’s motion for a new trial made by it under the act of March 23, 1907 (Stats. 1907, p. 998), which second motion is, by stipulation, to be considered upon the following grounds: (1) That there exists no record upon which said appeal can be heard or considered; (2) that the papers used, and evidence taken on the hearing which resulted in said order are not, and never have been incorporated in a bill of exceptions. There is a further ground, stated in the notice of motion, to wit, that the proceedings taken by appellant for the settlement of a bill of exceptions were dismissed for want of prosecution February 19, 1909. The third motion, number 672, is from an order dismissing appellant’s appeal from the order of…