
    No. 1,609.
    WADSWORTH, Executrix, Respondent, v. SINGER MANUFACTURING CO., Appellant.
    
      Appeal from District Court, Silver Bota County.
    
    Motion to dismiss appeal submitted October 17, 1900. Denied October 18, 1900. Motion to vacate and set aside the order heretofore made herein denying the motion to dismiss and for a rehearing of the motion, submitted December 18, 1900. Granted December 24, 1900. Motion to dismiss the appeal submitted January 11, 1901.
    Decided January 11, 1901.
   Per Curiam.

Dismissed upon the ground that the appellant has heen guilty of negligence in failing to file the transcript within the time prescribed by the rules of this court (Mr. Justice Pigott dissenting) ; the charge made by the respondent that the appellant practiced imposition upon the court at the time of the hearing of the original motion is not sustained by the proof.

Mr. L. J. Hamilton and Mr. B. S. Thresher, for Appellant. Messrs. Sinclair & Dygert, for Respondent.  