Striening

Motion to dismiss the appeal on the ground that appellant failed to file his brief in time. The transcript was filed May 16, 1904. Time in which to serve and file brief was extended by counsel for respondent to and including July 13, 1904. On July 13, 1904, counsel for appellant filed application in the supreme court asking twenty days’ further extension of time to file brief, which was granted on that day. On August 2, 1904, that court granted twenty days’ further time from and after that date, and on August 25, 1904, that court granted fifteen days’ further time from that date, and in the order stated that “no further extension of time will be granted.” Under these orders the time in which to serve and file points and authorities expired on September 9, 1904. The cause was transferred to this court on January 30, 1905, and was placed upon the present August calendar. On August 14, 1905, respondent served notice of motion to dismiss on appellant’s attorneys, and filed said notice in this court on August 24, 1905, and on the latter day appellant filed in this court his points and authorities. Appellant had sent to the clerk’s. office Ms points and authorities on August 18th, but…