Bryant

— The transcript in this ease contains two appeals; one upon the judgment roll, from a judgment rendered in favor of defendants; the other from an order dismissing plaintiffs’ motion for a new trial.

It appears from the record that the order appealed from was made upon the ground that the order granting to plaintiffs an extension of time for thirty days, “ to prepare their statement on motion for a new trial,” did not extend the time to serve it.

Section 1054 of the Code of Civil Procedure, under which the court or judge derives the authority to make the order for such extension, provides only for the .preparation of statements, and the word “service,” as there used, is expressly limited in its application to notices other than appeal.

The order here made, extending the time for the purposes therein stated, is in strict compliance with the provisions of this section, and carries with it the same extension of time to serve the statement. (Curtis v. Superior Court, 70 Cal. 390; Burton v. Todd, 68 Cal. 485 .)

Subdivision 3 of section 659 of the Code of Civil Procedure, upon which counsel for respondent mainly relies in support of his contention that the order referred to did not…