Upon submission of the motion to dismiss herein the presiding justice in open court made the following statement:

This case comes before us on motion to dismiss the appeal on the ground that appellant has not filed a transcript or brief within the time prescribed by law. The motion is good and it is granted. (In re Yahne, 193 Cal. 386 [224 Pac. 452] ; In re Wignall, 193 Cal. 387 [224 Pac. 452].)

Appeal is dismissed.