Rosenbaum v. McThomas

This was an action by the appellee, Me-*332Thomas, against the appellants, upon a special contract. Issue, trial by the court, finding and judgment for the plaintiff

Two errors are assigned: first, in refusing to dismiss the action on motion of appellants, based upon the affidavit of Benjamin Lowenhaupt, as set out in the record; second, in refusing to grant a new trial.

The affidavit of Benjamin. JLowenhaupt is not in the record ; and therefore the question sought to be raised by the first assignment of error is not properly before us. The clerk has, it is true, copied an affidavit of Benjamin…