Wells v. Kreyenhagen

Haynes, C.

The defendants had judgment, and the plaintiff appeals therefrom and from an order denying his motion for a new trial.

Respondents object to the consideration of this appeal upon the ground that the record does not show that any of the papers appearing therein have ever been filed or used in the court below—except the notice of intention to move for a new trial and the notice of appeal—and that, as to the notice of intention to move for a new trial, it is not embodied in the statement on motion for a new trial. The record fails to show that either the complaint, answer, findings, or…