Comstock Phoenix Mining Co. v. Lazzeri

OPINION

By the Court,

Sanders, C. J.:

This is an action to annul a tax deed. Judgment was rendered in favor of the defendant. Plaintiff appealed from the judgment and the order denying its motion for a new trial.

In this court defendant moved to strike the transcript of the testimony, filed in lieu of á bill of exceptions, for the reason it was filed too late, and certain papers attached to the judgment roll and certified to as correct copies by the clerk of the court.

Counsel for plaintiff did not resist the motion to strike the transcript of the testimony, but did resist the motion to strike…