Weir v. Silver Bow County

ON MOTION FOR REHEARING

On defendant’s motion for rehearing it is contended that in arriving at our conclusion in this case we considered matters not properly a part of the record. The agreed statement of facts recites: “That all of the items in said claims, and each of them, for mileage are proper and just charges against Silver Bow County, Montana, if, under the laws of the State of Montana, the said Lawrence Weir is entitled to said additional mileage and the same is not outlawed under the laws of Montana.”

The record then contains an order signed by the judge reciting in substance that the…