Page:North Dakota Reports (vol. 3).pdf/228

 reversible error. Jones v. Bacon, (Sup.) 19 N. Y. Supp. 553; Railroad Co. v. Hepner, (Tex. Sup.) 18S. W. Rep. 441; Bank v. Carson, 30 Neb. 104, 46 N. W. Rep. 276. The District Court is directed to reverse its judgment and grant a new trial. All concur.

(54.N. W. Rep. 1030.)

vs. , et al.

Opinion filed January 25th, 1893.

Appeal From Order Denying New Trial—Motion to Purge the Record.

When an appeal is taken from an order denying a new trial, and the motion for such new trial was heard in part upon certain papers and documents, which, on appeal to this court, have been properly indentified by the judge and certified by the Clerk of the District Court, a motion to purge the record of such papers and documents for the reason that the same are not authenticated by any Dill or statement cannot be sustained. Under § 5, Ch. 120, Laws 1891, no bill or statement is required to bring such papers and documents before the court.

Bill of Exceptions—Stenographer’s Transcript.

The stenographer’s transcript of the proceedings had at the trial, and used on a motion for new trial for the purpose of showing errors of law occurring at the trial, does not constitute an authenticated record, and before this court can review errors occurring at the trial the proceeding must be brought upon the record by a bill of exceptions or statement of the case.

Affidavit of Newly Discovered Evidence.

An affidavit used upon a motion for a new trial, which states that certain evidence could and would be offered if a new trial should be granted, is entirely insufficient unless it also states that such evidence is newly discovered, or furnishes some excuse for not introducing it on the former trial.

Appeal from District Court, Steele County; McConnell, J.

Action by the Goose River Bank against Will Gilmore and

others. Defendant's had judgment by direction of the court, and from an order denying a motion for a new trial, plaintiff appeals. Affirmed.

A. B. Levisee, for appellant.

McMahon Bros. and J. E. Robinson, for respondents.