Shain

— The transcript in this case was filed O dober 20, 1892, and on November 1st the respondent stipulated witli the appellant that he might have “ twenty days in addition to the time allowed by the rules of this court in which to serve and file his points and authorities .... and that the order of the court may be entered herein in accordance with this stipulation upon its being filed.” The stipulation was not, however, filed, nor was any order obtained thereon as was contemplated by it, but on the eighth day of December, upon an affidavit of Vincent Neale, one of the attorneys for the appellant, an order was made by the court “ that appellant have twenty days additional time to that allowed by rule of court within which to prepare and serve his opening brief herein.” The affidavit did not state the date when the transcript was filed, or when the time allowed by the rules of the court for filing points and authorities would expire, nor did it state whether any order or stipulation had been made granting time for filing points and authorities, and ivhen the above order was asked for, the words “to that allowed by rule of court” were inserted therein before the order was signed. On…