Appeal — Motion por Change op Venue — Methods por Perpeoting Appeal prom Order.—A motion for a change of the place of trial being heard and determined, at least in part, upon affidavits, it is necessary, to perfect an appeal from the order made thereon, for the appellant to follow either the method prescribed by sections 953a, 953b, and 953c of the Code of Civil Procedure, or the method prescribed by rule XXIX of the supreme court.

Id.—Perfecting Appeal by New Method—Bequest for Transcript.— In perfecting the appeal in the method authorized by section 953a of the Code of Civil Procedure, as one taken after trial, it became the appellant’s duty, in addition to giving the notice prescribed by section 941b, to file his request for a transcript of the “testimony offered or taken, evidence offered or received,” etc., as prescribed by section 953a, with the undertaking contemplated by section 953b. Thereupon it would have become the duty of the court to require a transcript of the reporter’s notes taken at the trial, which it would have been his duty to examine and certify to its correctness.

Id.—Failure to Perfect Appeal—Absence of Becord—Affirmance op Order.—Where the appellant has failed to perfect his appeal from such order by either of such methods, and as the supreme court has become vested with jurisdiction over the appeal under the new method by the notice of appeal given by the appellant to the clerk, the proper practice is not to dismiss the appeal, but to affirm the order for lack of a record showing error.

Id..—Examination op Becord on Motion to Dismiss.-—It is a rule of convenience for the expedition of the business of this court that it will not ordinarily entertain a motion to dismiss involving an examination of the record in advance of the hearing upon the merits; but where a mere inspection of the record discloses that no relief can be given to the appellant this court will consider the question to save unnecessary delay and expense to litigants.