Crocker

This matter is before the court upon the respondent’s motion to dismiss appellantappeal from a judgment entered in said cause in the superior court of the county of Placer on the seventeenth day of July, 1925, on the following grounds: “First: That no ‘notice of appeal’ as prescribed by Section 953a of the Code of Civil Procedure of the State of California was filed within ten days after notice of the Court’s decision denying the motions for a new trial in the above-entitled cause; Second: That no ‘draft’ or ‘bill of exceptions’ as prescribed by Section 650 of the Code of Civil Procedure of the State of California was presented or filed or served on the adverse party within the ten days after notice of the Court’s decision denying the motion for a new trial, or at all, in the above-entitled cause; Third: That no ‘transcript’ was filed within twenty days after the filing of the notice of appeal, or at all, as prescribed by Section 953a of the Code of Civil Procedure of the State of California.”

Although several grounds for the motion are set forth in the notice, only one fact is really argued and presented for determination, to wit: The failure of the appellant to file nn…