WILLIAM NUTLEY, Respondent, v. METROPOLIS CONSTRUCTION COMPANY, a Corporation, Appellant

[Civ. No. 752. Third Appellate District. June 13, 1910.] WILLIAM NUTLEY, Respondent, v. METROPOLIS CONSTRUCTION COMPANY, a Corporation, Appellant. Appeal from Judgment—Dismissal—Failure to. File Transcript in Time-—Insufficient Excuse.—An appeal from the judgment must be dismissed for failure to file the transcript in time, where no such facts appear to excuse the delay as are stated in rule II of this court. The pendency of an appeal from an order refusing to change the place of trial is no sufficient excuse for failure to file the transcript on appeal from the judgment within the time limited therefor. MOTION to dismiss an appeal from a judgment of the Superior Court of Tuba County. Eugene P. McDaniel, Judge. The main facts are the same as those presented in case No. 751, supra. James W, Cochrane, for Appellant. W. H. Carlin, for Respondent. [MAJORITY — CHIPMAN, P. J.] CHIPMAN, P. J. Plaintiff moves to dismiss the -appeal in the above-entitled action on the ground that no transcript of the record on appeal from.the judgment in said action has been filed and more than forty days have elapsed since the perfection of such appeal. With the exception as to the amount of the judgment recovered by plaintiff, the facts are the same as in Union Lumber Co. v. Metropolis Construction Co. (No. 751), ante, p. 584, [110 Pac. 329], in which a similar motion was this day decided. Conformably with the decision in that case, the appeal is dismissed. Hart, J., and Burnett, J., concurred.