JUDGES: Field, C. J. delivered the opinion of the Court. Baldwin, J. and Cope, J. concurring.
OPINION
FIELD, Judge
The appeal in this case is dismissed upon the authority of Buckholder v. Byers (10 Cal. 481). The dismissal is without prejudice to a second appeal. If a second appeal be taken, the transcript on file can be used with the like effect as if brought up with it.