Wood

Respondent separately moves to dismiss the appeal in each of the above-entitled causes. The cause numbered L. A. No. 13021 was instituted by respondent to foreclose a real estate mortgage. All of the defendants but the appellant Peters defaulted. Judgment was entered for respondent on December 29, 1930. On January 2, 1931, the appellant filed her 'notice of appeal and her request for a transcript. The clerk’s transcript was certified by that officer on January 31, 1931. Subsequently, the respondent moved to terminate the proceedings for a record, which motion was granted by the trial court on March 16, 1931. On the same day the reporter’s transcript, certified by him, was filed in the court below, but the trial judge refused and still refuses to authenticate it. Under rule I of this court, the appellant was required to file her record here not later than forty days after the termination of the proceedings in the court below, or on April 25, 1931. It appears from the various papers filed in connection with the motion to dismiss, and from the notations of our clerk, that the clerk’s transcript, duly certified, was in fact deposited in this court for filing prior to the expiration of…