McIntosh

Following the filing of the remittitur after affirmance of judgment on the merits in the above-entitled cause (McIntosh v. Funge, 210 Cal. 592 [ 292 Pac. 960 , 74 A. L. R. 420]), two motions were presented in the trial court, one on behalf of certain plaintiffs for substitution of parties, which was granted; the other on behalf of the defendant W. W. Funge, Jr., now deceased, to tax costs on appeal, which resulted in an order being made taxing costs against said defendant in the sum of $100; and he appealed from the order made in each proceeding. Plaintiffs now move to dismiss the appeals and to affirm the orders upon the ground that the purported transcript upon which appellant seeks to have the appeals heard and determined was not prepared, settled, certified or filed in the manner prescribed by law and the rules of court.

The trial court proceedings took place in the superior court in and for the city and county of San Francisco. The notices of appeal were filed on January 8, 1931, shortly after the orders appealed from were made; and defendant proceeded to take both appeals by way of bills of exception, which eventually were prepared, settled and certified in accordance with…