Leake

Respondents move to dismiss the appeals

from the judgments herein, on the ground that no appeal was taken until more than sixty days after entry of judgment in each of the three eases included in the consolidated record on appeal; it being contended by respondents that no proceeding on motion for new trial was pending at any time in either of said actions. [1] Under section 939 of the Code of Civil Procedure, the sixty-day limit of time for appealing from a judgment cannot be extended, except by the pendency of proceedings on motion for a new trial. The records on which the motion to dismiss is based are alike in the several eases.

[2] At and before the time of entry of the judgments, C. E. McDowell was the sole attorney for appellants. Within the time required by law, a notice of intention to move for a new trial ivas, in each case, served and filed. These were sufficient in all respects, unless they were void by reason of the fact that they were signed by E. B. Coil as attorney for defendants and not by C. E. McDowell. As shown by affidavits contained in the bill of exceptions, Coil had been requested by McDowell and by the defendants to become an attorney of record for…