9 Nev. 232 | Nev. | 1874
By the Court,
The order for a new trial, from which this appeal springs, is based upon certain affidavits which are not identified as having been used upon the motion, as by statute provided. “To identify the affidavits, it shall be sufficient for the judge or clerk to indorse them at the time as having been read or referred to on the hearing. ” 1 Comp. Laws, 347. Objection is made by appellant to the consideration of such affidavits. To meet this objection, respondent offers a memorandum of the district judge to the desired effect, but made after the filing of the transcript in this Court. The identifi