In Error to the United States Court for China; Charles S. Eobingier. Judge.

Action by the Banque Beige Pour E’etranger against Montgomery Ward & Co. Judgment for plaintiff, and defendant brings error.

On May 9, 1921, one Tillson borrowed from the defendant in error 10,000 taels, and as collateral security for the loan gave a written order, stating that certain described goods stored in a godown or warehouse, for the account of the United States Import & Export Company, were transferred to the order of the defendant in error, deliverable only upon receipt of a proper order from the defendant in error. At the time of the loan, Tillson was manager for the plaintiff in error at Shanghai, China, but the loan was his personal loan. The order transferring the goods as collateral was signed, “Montgomery Ward & Co., by Tillson, Manager.” The loan was never paid, and the present action was instituted by the bank to recover the value of the goods thus pledged, and for such other relief as might be equitable and proper.

The court below found in favor of the defendant in error and gave judgment for 8,900 taels and costs. Final judgment was entered on December 2, 1922. March 9, 1923, notice of appeal was given and supersedeas bond filed. March 14, 1923, the defendant in error moved the court to disapprove the supersedeas bond, because not filed within 60 days, as required by law. March 15, 1923, the defendant in error moved for -execution on the judgment. March 16, 1923, the plaintiff in error moved to withdraw the notice of appeal, and on the same day filed notice of motion for a new trial. May 31, 1923. 'the motion for new trial was denied. July 9, 1923, petition for writ of error was filed in the court below. July 23, writ of error allowed, citation issued, and served. September 29, 1923, motion to extend the time for filing the transcript in this court denied by the trial court. October 24, 1923, alias writ of error issued, and citation on,alias writ issued and served. October 23. 1923, writ of error allowed by this court, and bond fixed in the sum of $500. On the foregoing record, the defendant in error has moved this court to dismiss the writ of error, because not sued out within the time required by law.