Borgh

This is a motion by the plaintiffs to dismiss the appeal of defendant Borgh. The notice of appeal was directed to appellant’s codefendant as well as to the plaintiffs. An appeal by' the plaintiffs from the same judgment is pending in this court. By stipulation between the attorney for plaintiffs and the attorney for appellant Borgh, it was agreed that the record or transcript of the judgment-roll and of the records of this cause served and filed by the plaintiffs in their appeal, shall constitute the transcript or records of same for the purposes of the appeal of Borgh. That transcript is on file in the other appeal (post, p. 63, [ 199 Pac. 1106 ]). Appellant Borgh, desiring to present a further record by a bill of exceptions, obtained from the attorney for plaintiffs, but not from defendant Bach or his attorneys, a stipulation extending the time for presenting the bill of exceptions, and thereafter the bill of exceptions was allowed and settled by the judge in accordance with the consent thereto of the attorneys for plaintiffs.

[1] The plaintiffs now contend that the appeal should be dismissed because only two questions are raised by the exceptions, and because an examination of…