Keys v. Mother Lode Extension Mines, Inc.

THE COURT.

The respondents-plaintiffs have filed notice of motion and supplemental notice of motion to dismiss the appeal for failure of the appellants to file transcript on appeal and upon the ground that an inspection of the record will disclose the appeal is frivolous and not taken in good faith.

From the affidavits and certificate of the clerk of the trial court filed in support of the motion to dismiss, it appears that a transcript on appeal was filed prior to the making of the supplemental motion to dismiss, and it does not appear that any order was made in the trial court terminating…