Griffin

Judgment for the plaintiffs was entered in this action on January 23, 1928. A motion for new trial, made and brought on for hearing on February 27th, was denied by the court on March 1, 1928. Notice of appeal from the judgment and from the denial of a new trial was filed on March 5th, ■ and the defendant filed a bond to stay execution pending appeal.

Notice to the clerk of intention to appeal and requesting that a transcript be made up and prepared was not given until October 5, 1928, seven months after the notice of appeal was filed; but the court reporter completed a transcript of the proceedings and filed it with the clerk of the trial court on the fifteenth day of June. The clerk at once mailed to the attorneys for each of the parties a notice stating that the transcript had been filed and would be presented to the judge who conducted the trial on the twenty-second day of June. On that day, no objections being offered, the judge settled and approved the transcript. On September 5, 1928, the plaintiffs, as respondents, filed in this court a notice of motion to dismiss the appeal on various grounds, the substance of which was that the defendant and appellant had failed and…