204 P. 879 | Nev. | 1922
Lead Opinion
It is true, as said by counsel for appellant in his brief, that it is the general policy of the courts to permit a hearing on the merits when it can be reasonably done. Such is the oft-repeated sentiment of this court, but by such expression it was never contemplated that it could be “reasonably done” when the evidence taken in the trial of a case is not presented in a bill of exceptions authenticated as provided by statute. To countenance for one moment any other practice would be to throw open wide the door for the practice of imposition upon this court, and leave, instead of a plain, simple method of presenting the evidence in a case, confusion and chaos.
The ideas which we have expressed are in accord with the theory and practice of the legal profession generally and the universal rulings of this court. In fact, until recently, we have never heard it even intimated that the
A clear exposition of the rule, as practically universally recognized, as shown by the citations, is stated in 4 C. J. 180, as follows:
“Rulings and decision of the lower court, the correctness of which cannot be determined from the record proper, must be made a part of the transcript by a bill of exceptions, case, statement of facts, or other mode prescribed by the statute, in order to secure their review by the appellate court; and, unless such rulings of the lower court the correctness of which cannot be determined from the record proper are thus made a part of the record on appeal, the appellate court will consider only those errors that are shown by the judgment roll or record proper, such as the sufficiency of the pleadings and findings of fact to support the verdict or judgment.” No error appearing in the record proper, it is ordered that the judgment be affirmed.
Rehearing
On Petition for Rehearing
Rehearing denied.