Mellan v. Messenger

OPINION

By the Court,

Coleman, J.:

This case is before the court on a motion to dismiss the appeal.

• The motion to dismiss is based upon several grounds, one being that objections had been made by the defendant (respondent) to the so-called bill of exceptions in the district court, and that the same had .not been disposed of in that court.

We may say here that there is no affidavit accompanying the motion to dismiss, or other showing which we think would justify our granting the motion, so far as it is based upon matters not appearing in the so-called record on appeal. But there is another reason…