Rep. 434. A court cannot lose jurisdiction over its record, and it at all times has the right and power to make a complete record of any cause tried therein, or to order such amendments made thereto as will conform to the facts and show a true and complete statement of all the proceedings of that court in the trial, even after an appeal has been taken, without leave of the appellate court. Comp. Laws North Dakota, § 5235; Peterson v. Swan, 119 N. Y. 662, 23 N. E. Rep. 1004; Hollister v. Judges District Court, 8 Ohio St. 202; Rew v. Barber, 14 Am. Dec. 515 and note; Judson v. Gray, 17 How. Pr. 289.
The opinion of the court was delivered by
WALLIN, J. In this action, after a trial by the court, a judgment was entered in favor of the plaintiff and against the defendant. The judgment was entered December 16, 1887. An appeal was perfected December 12, 1889. After the appeal was perfected, and on December 18 and 19, 1889, the district court made the following orders:
"On the 18th day of December, 1889, Wm. B. McConnell, judge of the district court, third judicial district, in and for the county of Cass and state of North Dakota, being the judge before whom was tried the above entitled action, orders that there be added to and made a part of the judgment roll and of the record upon the appeal of the above entitled action to the supreme court, in addition to the summons, complaint, answer, findings of fact, and conclusions of law, and decree therein, the following papers, which necessarily involve the merits and affect the judgment in said action, to-wit: The transcript of the evidence taken upon the trial of said action, as the same has been extended by the official stenographer, and filed in this court; also the depositions of Henry Lubens, P. K. Eversen, Karen Nissen, and W. E. Owen, produced and read upon the trial of said action; also all the exhibits introduced or offered and excluded on the hearing of said action, which said transcript, de- positions, and exhibits constitute all the evidence given upon the trial of said action upon which said findings of fact and conclusions of law and decree were based, together with all the
