Douthitt v. MacCulsky

The opinion of the court was delivered by

Gordon, J.

Respondents have filed a motion in this court to strike the statement of facts from the *602record because a copy of the statement served on counsel for respondents did not contain any of the exhibits or written evidence introduced upon the trial, but thereafter the same were, over the objections of the respondents, attached to the original statement and certified by the court.

Sec. 10 of ch. 60, Laws of 1893, p. 115, relating to the settling and certifying of statements of facts, provides :

“ Depositions and other written evidence on file shall be…