Fiske

This is an application on the part of petitioners for a writ of mandate requiring the respondent to settle, allow, and' properly certify a transcript on appeal attempted to be prepared under the provisions of section 953a of the Code of Civil Procedure, for use on an appeal from a judgment of dismissal of an action brought by one Lorenzo Fellers v. Monterey Coal Co., given and made by the clerk of said superior court of Santa Clara County on the twenty-second day of August, 1910, in compliance with the directions of the plaintiff therein.

The appeal was taken by these petitioners on the twenty-first day of February, 1911, they on that date filing with the clerk of the superior court a notice of said appeal.

No notice was filed with said clerk by petitioners stating their desire or intention to appeal from said judgment or their appeal therefrom and requesting that a transcript be made and prepared, as required by the express provisions of section 953a, until the twenty-eighth day of March, 1911. Said section in terms requires that such notice must be filed within ten days after notice of the entry of judgment, order, or decree appealed from.

The transcript which the judge was…