Hussong

This is a motion by respondent to dismiss an appeal from the judgment, upon the ground that no transcript of the record, or appellants’ points and authorities, have been filed within the time allowed by law, and that the time for preparation thereof, has expired. It appears from the certificate of the county clerk that judgment was entered in this action on September 11, 1929; that notice of entry of said judgment was served on the attorney for appellants on September 12, 1929; that on September 20, 1929, appellants’ attorney filed a notice of appeal, which notice included a request for the preparation of a transcript of the evidence and proceedings at the trial; that thereafter the county clerk demanded payment in advance of the fees for the preparation of said transcript; that the same were not paid and the transcript was not prepared; that no further demand for such transcript was made by the attorney for the defendants; that on the fourteenth day of October, 1929, the attorney for defendants filed another notice of appeal, no request for the preparation of a transcript being made; that no other attempt has been made by the defendants, or their attorney, to prepare a record for…