Prine

Motion to dismiss the appeal from the judgment.

It appears that final judgment was entered in this case on January 15, 1906; on July 13, 1906, the defendant served no tice of appeal and on July 14, 1906, filed herein an undertaking on appeal; no bill of exceptions, or statement, or statement on appeal has been settled or filed; on November 17, 1906, the trial court made and entered its order dismissing all proceedings by defendant for the purpose of settling her statement on motion for a new trial; notice of appeal from said last-named order was not filed herein until January 17, 1907; appellant has not requested the clerk of the court to certify to a correct transcript of the record in said cause. The papers on the motion to dismiss the appeal were filed in this court February 8, 1907, prior to which time service of notice was duly made upon appellant.

The ground of the motion is “that appellant has not filed in this Court a transcript of the record in said cause or any transcript, and that on the 17th day of November, 1906, the said Superior Court of the County of Colusa in said cause entered its order dismissing all proceedings then pending for the settlement of the statement…