Hough v. Roberts Mining & Milling Co.

*248OPINION

By the Court,

Taber, J.:

Appellant is plaintiff, respondent defendant, in the court below. Respondent has moved this court for an order dismissing plaintiff’s appeal from an order granting a motion for new trial; also for an order striking from the records and files in this court the bill of exceptions on appeal from order granting motion for new trial. When said motions were called up, appellant moved the court for an order granting permission to him to file as part of the record on appeal, a certified copy of the original undertaking on appeal filed in the district court on January 10,…