Davis

(after stating the facts as above). The defendant in error moves to strike out the bill of exceptions and to dismiss the writ of error. The ease, a law action, was tried before the judge on written stipulation waiving a jury, and on April 22, 1924, judgment was rendered in' favor of the defendant in error. On April 29, 1924, the plaintiff in error served and filed a notice of his intention to move for a new trial. On the the same day the attorneys for the respective parties filed a stipulation that the motion for a new trial might be heard and determined in Los Angeles before the court at a time satisfactory to the court, and that pending the hearing and determination thereof “the defendant be an,d is hereby granted a stay of execution upon the judgment.herein,” and that in case of the denial of the motion the defendant be granted 10 days thereafter to file his proposed draft of bill of exceptions. Indorsed upon the stipulation were the words, “It is so ordered,” and below the same was the signature of the judge.

Nothing further was done in the case until March 16, 1925, when the matter came on to be heard upon the notice of intention to move for a new trial. The trial court was…