Arata

The defendant appealed herein upon the judgment-roll alone from a judgment in favor of the plaintiff foreclosing a street assessment lien. The matter now involved herein is a motion to dismiss the appeal upon the ground that appellant failed to file his transcript upon appeal in time. The judgment was entered in the lower court December 12, 1922; defendant’s motion for a new trial denied January 17, 1923, and his notice of appeal therefrom was filed February 5, 1923. Thereafter he obtained successive orders from the trial judge extending his time to serve and present his proposed bill of exceptions on appeal to and including May 3, 1923, since which time no further extension has been granted. No notice under section 953a of the Code of Civil Procedure was ever filed here, and no draft or proposed bill or bill of exceptions was ever filed herein. October 26, 1923, the respondent served and filed notice of motion to dismiss the appeal upon the ground that the appellant had failed to file his transcript within the time prescribed by law and the rules of this court, and accompanied the same with a certificate of the county clerk certifying to all of the facts hereinabove stated,…