Newby v. City of St. Anthony

GIVENS, C. J. —

Appellant asks for a diminution of the record to have the clerk certify there was no showing of service of notice of intention to move for a new trial in the record. The question of what the record shows was evidently in dispute in the lower court since the clerk made one certificate, then claiming it was false, repudiated it and made another. Appellant’s praecipe did not ask for the record sought here and no reason is given for seeking such certificate at this time and in this manner. The showing is insufficient to authorize an order allowing diminution of the record in this…