exceptions taken to the rulings and decisions of the court of said trial. WM. B. MCCONNELL, Judge."
"I Wm. B. McConnell, judge of the district court of the 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, do hereby certify that the judgment roll and record in said action should contain and does contain the following papers, to-wit: The summons and complaint, answer, findings of fact, and conclusions of law, and decree; 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; 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 exhibits introduced or offered and excluded on the hearing of said action, which said transcript, depositions, and exhibits constitute and comprise all the evidence given upon the trial of said action upon which the findings of fact and conclusions of law and decree herein were based, together with all the exceptions and decisions of the court at said trial. Dated at Fargo, Cass county, North Dakota, this 18th day of December, A. D. 1889. WM. B. MCCONNELL, Judge of the District Court."
The papers sent up to this court embrace, in addition to the statutory judgment roll, (Comp. Laws, § 5103,) what purports to be “ the transcript of the evidence taken upon the trial of the action, as the same has been extended by the official stenographer, and filed in the district court; also certain depositions read at the trial, and certain evidence which was offered and excluded at the trial." A preliminary motion was made in this court by respondent to eliminate said transcript of the evidence, depositions, etc., from the record. The motion must be granted. It is not claimed that any proposed statement of a case or bill of exceptions was ever served or attempted to be served upon the plaintiff or his counsel. Nor did the trial court ever settle or allow a bill or statement embracing the evidence, or any bill or statement. The so-called "transcript," extended by the district court stenographer, embracing the proceedings and evidence at the trial, falls far short of being
