Graves v. Scoville

Before the final submission of this cause defendant in error filed two motions, one to strike from the record the affidavit of Riley M. Graves attached to the bill of exceptions, for the reason that it was not preserved as a part of the record by the proper bill of exceptions, there being no proof that it was considered by the district court in determining the motion to which it is attached. The other to “dismiss the appeal,” for the reason that no motion for a new trial or to set aside the judgment was made in the court below.

These motions will be disposed of in the order of their filing, as…