Shaw

Motion to dismiss "defendant’s appeal from the judgment.

It appears that, on June 4,. 1912, judgment was rendered and entered in the above entitled action in favor of the plaintiff and against the defendant; that thereafter, to wit, on August 2, 1912, defendant .filed notice of appeal in said action, said notice bearing date June 25, 1912, “wherein said defendant and appellant appealed to the district court of appeal of the state of California for the first district, from the aforesaid judgment so made and entered therein on said June 4, 1912”; that “an undertaking on appeal,'in due form of law was thereafter filed in said action on August 6, 1912; that no bill of exceptions or statement on appeal has been prepared, served, settled or filed, nor has any affidavit or affidavits or other moving papers on appeal ever been prepared, served, filed or settled. That no reporter’s transcript prepared under section 953a of the Code of Civil Procedure of the state of California has been filed with the clerk of this court; that the appellant herein has not requested the clerk of this court to make or certify to a correct transcript of the record herein, nor has the same been demanded, nor…