had at the trial; lastly 11 pages of what purports to be the evidence of the defendants in a certain other action in which this plaintiff was plaintiff and Willow Lake School township was defendant. The last document was certified to be a true transcript by one Frank La Wall, who affixes the following to his signature: “Ex-Official Stenographer, Sixth Judicial District, Territory of Dakota.” The document purporting to be a transcript of proceedings had at the trial of this action embraced, with the testimony, an order based upon the testimony, and directing a verdict in favor of defendants, with plaintiff's exception thereto. It is conceded that no bill of exceptions or statement of the case was ever prepared, served, or allowed in this action. In this court the defendants’ counsel submits a preliminary motion to purge the record by striking therefrom all papers except the judgment roll proper, i. e. the complaint, answer, verdict, judgment, and order denying a new trial. No authority is cited in support of this motion, and the only reason offered in its support is that the papers sent to this court have not been embodicd in either a bill or statement, and hence, as counsel agree, are not authenticated as a record. A motion similar to this was made and granted in Wood v. Nissen. 2 N. D. 26, 49 N. W. Rep. 103. In that case, “on appeal from a judgment in favor of the plaintiff, a transcript of the proccedings had at the trial, embracing the evidence as extended by the stenographer, was by the order of the District Court, annexed to the judgment roll, and the same was sent up to this court as a part of the record.” No bill or statement was preparcd or settled, and this court held that such transcript, though vouched for by the court below, “constitutes no part of the judgment roll,” and hence the same was stricken from the roll. But the case referred to must be distinguished from the case at bar, because the former was an appeal from a judgment, and in this case the appeal is from an order only, and the record is certified to this court under § 5, Ch. 120, Laws 1891. The clerk of the court below seems to have complied with the mandate of this statute fully. All papers in
