Page:North Dakota Reports (vol. 48).pdf/57

 E. E. HUFFORD individually and on behalf of the property holders and taxpayers of the city of Devils Lake, North Dakota, Appellant, v. EDWARD F. FLYNN, C. A. Dodge, A. V. Haig, W. E. Hocking and M. R. Mayer, as members of the Board of City Commissioners of the city of Devils Lake, a municipal Corporation, Respondents.

'''Municipal. corporations—discretion of city commissioners as to paving streets not subject to restraint by Court of equity.'''

1. A court of equity cannot properly interfere with, or in advance restrain, the discretion of a board of city commissioners, while such board, in the exercise of powers conferred by the charter or general laws, is considering a proposition as to whether certain streets and alleys in the city are to be paved.

Appeal and error—record transmitted to the Supreme Court cannot be impeached or altered by evidence dehors the record.

2. The record transmitted to this court on appeal cannot be impeached, changed or altered by affidavit or other evidence of matters dehors the record. Such record imports verity, and is conclusive evidence of the proceedings had in the lower court. If the record is incomplete or incorrect, amendment or correction must be sought by appropriate proceedings, and not by impeachment on the hearing in this: court.

From a judgment of the district court of Ramsey County, Buttz J. piaintiff appeals.

Affirmed.

H. S. Blood, for appellant.

Torger Sinness, for respondents.

The appeal in this case is duplicitous, as it attempts to apneal from a judgment dismissing the action and an order refusing to grant a temporary injunction.

National Surety Co. v. Granmer, 27 S. D. 515; 131 N. W. 864. The