O'Banion

This is an appeal from an order terminating proceedings in the preparation of a transcript on appeal undertaken to he prepared under the provisions of section 953a of the Code of Civil Procedure. The record shows the following: Notice of entry of judgment appealed from and the proceedings on which said appeal were terminated was filed on the twenty-fourth day of May, 1929. Notice of motion for a new trial was filed on the twenty-ninth day of May, 1929. On the tenth day of July, 1929, an order was made denying the motion for a new trial. Notice of appeal from the judgment was filed on the thirteenth day of July, 1929. Notice to prepare transcript was filed on the same day. The order directing the reporter to prepare the transcript on appeal was also filed on the same day. Plere the matter rested until a notice was given by the respondents that on the thirty-first day of January, 1930, respondents would move to terminate proceedings with reference to the preparation of the transcript on appeal, in accordance with the provisions of section 9C4 of the Code of Civil Procedure. Upon the hearing of this motion two affidavits were filed by the appellant, one by Duncan McLellan, the…