4 Nev. 436
Decided July 1, 1868
Nevada Supreme Court · decided 1868-07-01
<p>Failure of Transcript to Siioiv Disposition of Motion for New Trial. Where a transcript on appeal does not show that the motion for a new trial was ever submitted to, or passed upon by, the court below, the judgment roll only will be looked into; and if no error appears in it, the judgment will be affirmed.</p>
Decided 1868-07-01
¶1By the Court,
¶2The transcript in this ease does not show that the motion for a new trial was ever submitted to, or passed upon by, the District Court. The appeal must therefore be decided upon the judgment roll. In that no error appears. Upon the agreed statement contained in the transcript we should come to the same conclusion.
¶3The judgment of the District Court is affirmed.