Raymond

—Motion to dismiss the appeal.

The appeal in this case was taken January 29, 1889. At the same time appeals were taken on behalf of the same appellants in several other actions involving the same or similar questions, one of 'which actions was Hartshorne v. McMullen; and on the 2d of February, 1889, at the request of the attorney for the appellants, the attorney for the respondent made the following stipulation: —■

The transcript in Hartshorne v. McMullen was filed in this court August 27, 1889, and the cause was placed upon the calendar of this court for the January session of the present year, and set down to be argued February 19, 1891. No points or authorities were filed on behalf of appellants, as required by rule 2 of this court, and on the 17tli of February, upon the ex parte motion of the appellants, the appeal was dismissed. Prior to the issuing of remittitur thereon, the respondent made a motion to dismiss the appeal in this cause, upon the ground that no transcript had been filed in this court; and in response to the above stipulation, relied upon by the appellants in resisting his motion, contends that the consideration upon which the stipulation was given has…