Frank

There are two appeals presented in this record — one from an order of the trial court dismissing the defendant’s motion for a new trial upon the ground that no bill of exceptions or statement of the case had been presented or settled; and the other from an order of the court refusing to relieve the defendant from his default in not having presented such bill of exceptions or statement of the ease within the time required by law.

The facts as disclosed by the record are these: On August 20, 1912, judgment was entered in plaintiff’s favor. Thereafter and on August 28, 1912, the defendant served and filed his notice of intention to move for a new trial, and on December, 1912, duly served upon the plaintiff his proposed statement on motion for a new trial. On September 4, 1913, to which date his time had been duly extended, the plaintiff served upon the defendant his proposed amendments to said statement. Nothing further was done in the matter until March 17, 1914, when the plaintiff served and filed a notice of motion to dismiss the defendant’s motion for a new trial upon the ground that the proposed statement and amendments thereto'had not been presented for settlement within the…