Reed

The following are the facts of this case: On the 2nd day of July, 1879, appellants filed their transcript on appeal in this Court, and on the 24th day of the same month a notice was served and filed of a motion to dismiss the “ pretended appeal,” and to strike the transcript from the files of the Court, on the following grounds:

The above motion was heard by the late Supreme Court, and on the 31st day of J uly the following order ivas made by the Court;

On the 15th day of September the parties filed a notice of motion, affidavit, etc., to set aside the above order striking the transcript from the files, and on the 25th of that month said motion was denied. On the 15th day of October the same parties, Luco, Treat, and Allison, filed their petition for a rehearing of their motion to reinstate the said cause on the calendar, and on the 2d of November said motion was denied by the Court. This is a renewal of the motion made on the 10 th of March, 1880, without leave of the Court.

That the motion is renewed without leave of the Court, would be a sufficient ground for the denial thereof. (Ford v. Doyle, 44 Cal. 635 ; Bowers v. Cherokee Bob, 46 Id. 279.) But we do not rest our opinion…