Jansen

Motion to dismiss appeal from an order allowing attorney’s fees and costs of suit. Treated as a motion to affirm' the order, it should be granted.

Plaintiff obtained an interlocutory decree of divorce against defendant on October 25, 1928. Defendant thereafter filed a notice of intention to move for a new trial. On December 12th following, plaintiff gave notice of a motion for attorney’s fees and costs in preparation for motion for new trial. On December 18th the motion was granted. On December 21st the motion for new trial was denied, and on December 28th notice of appeal was filed from the interlocutory judgment and the order allowing said attorney’s fees and costs.

Appellant has furnished no record whatsoever upon which the propriety of this order may be reviewed. He has simply filed a reporter’s transcript of the testimony taken in the ease and the proceedings on motion for new trial and a clerk’s transcript, in which is included what purports to be the notice of motion for said attorney’s fees and costs, the order allowing same, the notice of motion to vacate said order, and an order denying that motion. But nowhere does it appear that these papers were used by the court on…