Harper v. Lichtenberger

OPINION

By the Court,

Dysart, District Judge:

Respondent moves this court for an order striking certain portions of the judgment roll, which judgment roll constitutes the record on appeal.

Appellant gives notice that he intends to appeal and does appeal from the judgment made and entered in the lower court on the 23d day of December 1938 without first moving for a new trial. No bill of exceptions or statement of the case was ever filed and served. So, it appears from the record that appellant (defendant below) has appealed upon the judgment roll alone.

• Respondent, by his supplemental points and…