Straube

Respondent herein obtained judgment against appellant and his codefendant upon a promissory note January 7, 1924, which judgment was entered January 25, 1924, and on the second day of February, 1924, notice of appeal, with bond and notice for reporter’s transcript under section 953a of the Code of Civil Procedure, were filed. The stenographic reporter did not furnish the transcript until on or about the fifteenth day of May, 1924, and thereafter and on May 29th it was delivered to appellant’s counsel. On May 31st appellant served upon counsel for respondent notice of intention to settle said transcript in the superior court; but previously thereto and on May 24th notice of motion to dismiss the appeal was filed in this court by respondent, upon the ground that said appeal being taken under section 953a of the Code of Civil Procedure, but twenty days were allowed the reporter for filing the transcript, and that fifty-eight days having elapsed from the date of the notice of appeal, the time limited by said section had expired.

It is shown by the records of the trial court that appellant duly served notice of appeal and filed his order for the reporter’s transcript, and that as soon…