Heffner v. Board of County Commissioners

The opinion of the court was delivered by

Anders, J.

The respondent moves the court to strike the statement of facts from the record herein *274on the ground that the statement is not permissible under the law, for the alleged reason that it is composed of affidavits which were introduced in evidence at the hearing in the court below, and filed with the clerk. The contention of the respondent is that the affidavits should have been included in the transcript certified by the clerk as part of the files, as provided in § 14 of the act of March 8, 1893, relating to appeals. Laws 1893, p. 126. As…