Jewett

Before stating the facts of this ease we will first consider respondents’ motion to dismiss the appeal. This motion is based upon the claim that the proposed bill of exceptions was not presented in time and that the notice of appeal was not filed in time.

The trial was had without a jury and resulted in a judgment for plaintiffs which was entered November 21, 1924. On November 24 respondents served on appellants a written notice that the findings and judgment in favor of plaintiffs were signed and filed November 20, 1924. Appellants on December 1, 1924, served and filed their notice of intention to move for a new trial. On January 23, 1925, respondents served notice of entry of judgment. On March 17, 1925, the motion for a new trial was presented and denied. This was within two months from the service of the notice of entry of judgment on January 23, 1925, but much more than two months from November 24, 1919, when notice was given that findings and judgment had been filed. Thereafter on March 27th, within ten days after the order denying a new trial, notice of appeal was served and filed. On May 19, 1925, the proposed bill of exceptions was served upon respondents. It is not…