Stoddard v. Fox
Idaho Supreme Court
APPEAL from tbe District Court of the Seventh Judicial District for the County of Canyon. Hon. Ed. L. Bryan, Judge. From a judgment in favor of the defendants plaintiff appealed, and assigned as error the insufficiency of the evidence. “A statement certified by the judge as correct is not open on appeal to the objection that it does not contain all the evidence.”
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APPEAL from tbe District Court of the Seventh Judicial District for the County of Canyon. Hon. Ed. L. Bryan, Judge. From a judgment in favor of the defendants plaintiff appealed, and assigned as error the insufficiency of the evidence. “A statement certified by the judge as correct is not open on appeal to the objection that it does not contain all the evidence.” (Richardson v. City of Eureka, 96 Cal. 443, 31 Pac. 458; Garrott v. Ratliff, 83 Ky. 384.) In the case at bar there is no appearance of any evidence having been omitted. The recital in the certificate that the bill of exceptions was…
1Opinion of the CourtAijlshie, J.
0Several motions have been presented in this case, and upon the hearing a motion to strike from the tran*706script certain parts thereof, which were not incorporated in-the statement or bill of exceptions, was granted. The matter thus stricken out is designated as a motion to vacate the verdict of the jury and grant a new trial, and to enter judgment. non obstante veredicto. Those matters do not form a part of' the judgment-roll, and cannot be brought to this court on appeal, except by statement or bill of exceptions.
A motion has been made to strike the bill of exceptions from the transcript, for…
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