Newland v. Frost

The defendants in error move to strike out of the transcript and abstract certain affidavits said to have been presented to the court below, because they are not in any bill of exceptions. The motion is good.

Plaintiffs in error ask us to consider these papers because they were considered by the district court, but unless matters not of record are made a part thereof by bill of exceptions, we cannot know that they were considered by the trial court.

It is claimed that a motion to change the place of trial from El Paso to La Plata county, which was made on the ground that plaintiffs in error…