Clark v. Maisen

OPINION OF THE COURT

PARKER, C. J.

A motion is presented to strike from the transcript the special findings given and refused, and a paper entitled “Statement of Pacts,” upon the ground that they are not a part of the record proper and are not included in any bill of exceptions. The findings and conclusions of the trial court, made and refused, are not a part of the record proper, unless ordered by the court to be filed with the clerk, which was not done. Gradi v. Bachechi, 24 N. M. 100, 172 P. 188.

The statement of facts, so.called, is a paper filed by appellant in the clerk’s office, and…