Frandsen v. Mayer

*299On Petition for Rehearing

The plaintiffs have filed a petition for rehearing upon the ground that the plat known as Auditor’s Plat No. 3 was made by a licensed surveyor and was dedicated by the then owner of the premises, viz., Jamestown National Bank, to which petition a photocopy of the plat was attached.

This court on appeal or on petition for rehearing cannot consider evidence not contained in the settled statement of the case. Donovan v. Johnson, 67 N.D. 450, 274 N.W. 124; Fisher v. Betts, 12 N.D. 197, 96 N.W. 132; Nichols v. Roberts, 12 N.D. 193, 96 N.W. 298.

As the exhibit presented with…