Page:North Dakota Reports (vol. 3).pdf/16



.] In all civil and criminal actions and in all special proceedings which are brought into this court, the Judge of the District Court shall append to the original judgment roll or record, filed in the court below, a certificate, signed by him, as follows: In civil actions and special proceedings the certificate shall state in substance that the above and foregoing papers —naming each separately—are contained in and constitute the judgment roll (or other record as the case may be) and the whole thereof. The original certificate (or copy thereof) in cases where a copy is transmitted) must be embraced in the record sent to this court. The certificate required in criminal cases is indicated by Rule 8 of these rules.

.] The judgment roll mentioned in Rule 8 must only contain the pleadings, the judgment, the verdict of the jury, or decision of the Judge, the report of the referee, if any, the offer of the defendant, if any, the bill of exceptions or statement of the case, as settled and certified by the court or Judge, and such orders and papers as have been, by direction of the court or Judge, incorporated into and made a part of the judgment roll; also all orders and papers which necessarily involve the merits and effect the judgment. Bills of exception and statements of the case, whether to be used on a motion for new trial or on appeal without such motion must, when brought into this court, be framed in substantial conformity to the requirements of Section 5090, Compiled Laws of 1887, and if such bill or statement fails to contain the specifications of errors of law complained of, or, where the finding of fact is attacked, fails to specify the particulars in which the evidence is claimed to be insufficient, such bill or statement will be disregarded. When a bill or statement contains superfluous matter, or fails to contain the certificate of the trial judge, as specified in Rule 12 hereof, it will be liable to be stricken out on motion. The specifications required by statute to be embraced in bills of exception and statements are vital parts