Woodside

Motion to dismiss an appeal.

February 20, 1894, the defendant filed and served his notice of appeal from the judgment herein that had been entered against him December 22, 1893. August 25, 1894, the superior court made an order denying the defendant’s motion for a new trial, and on August 27th he took an appeal from the order. November 20,1894, the appellant filed in this court a transcript on appeal, containing the judgment-roll, statement on motion for new trial, order denying the same, and notice of appeal therefrom, which notice contained also a notice of appeal from the judgment. The transcript did not contain a copy of the notice of appeal from the judgment that had been filed February 20, 1894. February 16, 1895, the respondents gave notice of the present motion to dismiss the first appeal from the judgment, upon the ground that no transcript on said appeal had been filed; and also to dismiss the second appeal from the judgment, upon the ground that by reason of the first appeal there was at that time no judgment pending in the superior court from which an appeal could be taken. The appellant, in response thereto, has suggested a diminution of the record, and has filed a…