Respondent brings here a short record, and moves the court to dismiss the appeal and affirm the judgment for the reason that -the transcript has not been filed within the time required by law. The affidavit of the appellant utterly fails to show a sufficient reason for not complying with the provisions of law, and the motion will be granted to the extent of dismissing the appeal.

Stiles, Hoyt, Anders and Scott, JJ., concur.