Becker

Respondents move for a dismissal of the appeal in this cause upon the grounds, first, that the appeal was not taken within the time allowed by law, and no record on appeal has been prepared, and, second, that all proceedings for the preparation of a record on appeal have been terminated by order of court.

The action relates to certain money deposited with the clerk of the trial court in a previous trial. Two motions for the payment of the money were made, one by plaintiffs and one by defendants. The minutes of the court of May 20, 1935, read as follows: “The motion of plaintiffs that the monies on deposit [be] paid to said plaintiffs is granted by the Court. The motion of the defendants that said monies be used for the payment of taxes is denied by the Court.” On May 28th following, the court duly made, and there was filed on May 29th, and entered, a judgment ordering the money “be paid and delivered over to plaintiffs”, and directing the county auditor and the county treasurer to pay the same to counsel for plaintiffs.

We must assume, from the directions given in the judgment, that the clerk of the court, on receiving the money on deposit, in turn deposited it with the county…