Williams v. Boise Basin Mining & Development Co.

Citations

• 11 Idaho 233
• 81 P. 646
• 1905 Ida. LEXIS 55

Syllabus

<p>Becord on Appeal — Judgment-roll—What It Shall Contain — Motion to Strike Sustained When.</p> <p>1. On appeal from a judgment without a statement or bill of exceptions, nothing belongs to the reeord except the judgment-roll and no question outside of the reeord can be considered by the court.</p> <p>2. On appeal from a judgment the judgment-roll consists of the pleadings, a eopy of the verdict of the jury, or findings of the eourt or referee, all bills of exceptions taken and filed and a eopy of any order made on demurrer or relating to any change of parties, and a eopy of the judgment. (Bev. Stats., sec. 4456, subd. 2.)</p> <p>3. A motion will be sustained to strike from the reeord on appeal from a judgment any papers, records, or a: ie- thereof which, under the provisions of subdivision 2, section 4456, Bevised Statutes, have no place in the judgment-roll.</p> <p>(Syllabus by the court.)</p>