Merchants Nat. Bank v. McKinney

Citations

• 6 S.D. 58
• 60 N.W. 162
• 1894 S.D. LEXIS 123

Syllabus

<p>1. This court, on an appeal from a judgment, will not consider the evidence, unless the same is embodied in a bill of exceptions or statement of the case settled by the judge, and this applies to the review of an order which, in the notice of appeal, is designated for such review by this court.</p> <p>2. Stenographer’s or referee’s notes of the evidence, when so stipulated by the parties, cannot take the place of a bill of exceptions or statement of the case settled by the judge, which must be returned to this c'ourt by the clerk of the court below as a part of the judgment roll.</p> <p>3. After a case on appeal or writ of error has been submitted and decided, this court will not permit an additional or amended abstract to be filed, unless the case is a very exceptional one. Following the decision of this court in Ayers v. Sundback, (S. D.) 58 N. W. 929.</p> <p>(Syllabus by the Court.</p>