Pignaz

Motion to dismiss the appeals.

A motion to dismiss the appeal from the judgment herein, and also from the. order refusing to set aside a writ of assistance, was heretofore made and denied December %, 1897. ( 119 Cal. 157 .) The facts involved in the present motion are quite-fully stated in" the opinión in that case. The motion to dismiss-the appeal from the judgment was then made upon the ground that the transcript had not been filed within the time prescribed by the rules of this court, and was denied for the reason that *293 it was made to appear that a bill of exceptions used on the appeal had been proposed and was pending for settlement before the judge who heard the cause. The motion to dismiss the appeal from the order was argued upon the ground that the appellants had not filed an undertaking on that appeal, and was denied for the reason that the respondent had not given this •in his notice as one of the grounds upon which he would make the motion. Upon the application of the respondent leave was given to renew the motion in its present form for a dismissal of the appeals upon the ground that the transcript had not been filed within the proper time, and that no undertaking…