Shirk v. Palmer

ON MOTION TO DISMISS APPEAL

Certificate to bill of exceptions, not complying with statute is insufficient. Defect is not cured by reference to transcript. Certificate of trial judge is not subject to amendment. Capurro v. Christensen, 46 Nev. 249.

Motion to dismiss appeal not taken in time should be sustained. Bill of exceptions not settled and allowed as required by law should be stricken on motion. Kingsbury v. Copren, 47 Nev. 466.

This court held in Kirman v. Johnson, 30 Nev. at 153, that "an appeal from an order or judgment, without a copy thereof in the record, is manifestly futile." By…