Lemaire v. Walsh

The facts sufficiently appear in the opinion. The record in this case is in two volumes: (1) The statement on motion for a new trial and on appeal as settled by the judge (pages 1 to 89). (2) The judgment roll and exhibits, taken up on the order of the judge (pages 1 to 56). The first will be referred to in this brief as the "Statement," and the second as "Judgment Roll and Exhibits."

I. This appeal is from both the judgment, and also from the order overruling and denying the motion for a new trial. (Judgment Roll and Exhibits, 48.)

II. Walsh alone has appealed. Therefore only such errors as…