ISAAC IRWIN, Respondent, v. C. E. SAMSON et al., Appellants
Irwin v. Samson
ISAAC IRWIN, Respondent, v. C. E. SAMSON et al., Appellants.
[No. 720.]
ISAAC IRWIN, Respondent, v. C. E. SAMSON et al., Appellants.
Statement on Appeal — when Disbegabded. — A transcript containing an. abstract of the minutes reciting in detail the orders of the court and proceedings during the trial, presented independently in the apparent order of the trial and proceedings, does not constitute a statement on appeal and must be disregarded.
Idem — Vebipication op Tkanscbipt ^nd Statement. — A stipulation that “ the foregoing transcript on appeal is correct, and shall be the transcript in this ease on appeal,” signed by the respective counsel, applies to the verification of the transcript under the provisions of section three hundred and forty of the Practice Act, and not to a statement on appeal as required by section three hundred and thirty-two.
Appeal pbom Judgment- must contain Judgment-bold — Where the appeal is taken from the judgment the statement on appeal must be annexed to the judgment-roll, as provided in section three hundred and thirty-six of the Practice Act.
Appeal Dismissed bob want op a Statement. — Where there is no statement on appeal, no proper assignment of errors, and no judgment-roll, the appeal must be dismissed.
Appeal from tbe District Court of tbe Fifth J udicial District, Nye County.
' Tbe facts are stated in tbe opinion.
John Bowman, for Appellants.
George B. Williams and Franlc Oiuen, for Respondent.
A. M. Hillhouse, also for Respondent.
On this appeal no question is presented upon which the court is called upon to act. ÍJo statement on appeal and no specifications of grounds upon which the parties taking the appeal would rely were ever filed in the court below.
By tbe Court,
Hawley, C. J.:
Tbe transcript .in this case contains an abstract of tbe •minutes, reciting in detail the orders of tbe court and proceedings during the trial; the findings of the court, original and amended judgments, injunction, stay of execution, no tice of appeal, undertaking on appeal, and exceptions to the sufficiency of tbe sureties and tbeir justification, presented independently in tlie apparent order of the trial and proceedings, instead of a statement on appeal, as is required by section 332 of the civil practice act. It is just such a transcript as it was held in Corbett v. Job "must be disregarded, because it is in no sense a statement, and this court has no right to consider it, even if it wished." (5Nev. 205.)
The notice of appeal improperly contains, as grounds 'upon which the appeal is taken, certain points which might properly have been stated in a statement on appeal, as an assignment of errors.
There is a stipulation, signed by the respective counsel, "that the foregoing transcript on appeal is correct, and shall be the transcript in this case on appeal." This, of course, applies to the verification of the transcript under the provisions of section 340, and not to section 332, which provides that when the statement is agreed upon by the parties, they shall certify "that it has been agreed upon and is correct." If a statement had been filed with the clerk in compliance with the provisions of section 332, then, as this appeal is taken from the judgment, a copy of the statement should have been annexed to the judgment-roll, as provided in section 336.
It is reasonable to believe that if counsel for appellants had examined the various provisions of title IX of Appeals in Civil Actions, chapter 1, some, at least, of the many omissions apparent in this record would have been supplied. There is no statement on appeal, no proper assignment of errors, no judgment-roll, and as there is no question properly presented for consideration, the appeal must be dismissed.
It is so ordered.