Guigni

The respondents move to dismiss the appeal from a judgment entered upon stipulation.

The respondents sued the appellant and fictitious defendants for unlawful detainer. After demurrer, the defendant answered on January 13, 1919. Under date of January 16, 1919, a stipulation, filed February 8, 1919, was made providing that judgment might be entered for the plaintiffs and against the defendants for restitution of the premises, cancellation of lease, and $250 damages. The stipulation further provided execution should be stayed until March 1, 1919. On February 8,1919, judgment was signed in accordance with the terms of the stipulation, including provision for the stay of execution until March 1, 1919. By successive orders the stay was continued in force until March 20, 1919, when notice of appeal was given, and a further order was made staying all proceedings on the judgment until the 1 ‘appeal shall have been dismissed or determined,’? upon the said defendant filing a stay bond with two sureties in the sum of three thousand dollars. A transcript on appeal has not been filed. The notice of motion for dismissal was accompanied by a. certified copy of the judgment-roll, orders staying…