Spencer v. Forcht

Citations

• 14 S.D. 145
• 84 N.W. 765
• 1900 S.D. LEXIS 20

Syllabus

<p>1. Under Comp. Laws, § 5103, providing that the judgment roll shall consist of the pleading, copy of the judgment, the offer of defendant, exceptions, and all papers involving the merits and necessarily affecting the judgment, where causes of action are consolidated by the court’s order on agreement of the parties, such agreement and order, reciting that it was made on consent, need not be incorporated into a bill of exceptions, as such order is a part of the judgment roll, and as such is part of the record.</p> <p>2. Where a bill Of exceptions, as settled, shows that certain exhibits therein introduced by plaintiff were true copies of what they purported to be, plaintiff cannot complain of the court’s refusal to allow an amendment stating defendant’s offer to show that they were not true copies.</p>