Parry

This is an appeal by the defendant from, an order appointing a receiver to take charge of certain properties and collect the rents, issues, and profits thereof, pending an appeal in an action between the same parties arising out of an alleged breach of contract of exchange of said properties, which appeal has this day been decided by this court and the judgment affirmed. (Parry v. Campbell, ante, p. 748 [ 238 Pac. 127 ].)

The plaintiff and respondent has made a motion to strike the transcript from the files and a motion to dismiss the appeal. The ground for these motions is that the bill of exceptions, which constitutes the transcript upon appeal, was not prepared, proposed, served, or presented to the clerk or the court or counsel within the time allowed by law, nor was proper notice of the time of settlement given counsel. These objections were made by plaintiff and respondent, who appeared specially for this purpose at the hearing* in the trial court when the bill of exceptions was settled and allowed, and the trial court held that the law does not require the presentation of said proposed' bill of exceptions or of said proposed amendments thereto within ten days after service…