Neil v. Daniel
4 Nev. 436
Nev.
1868
Check Treatment

By the Court,

WHITMAN, J.

The 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.

The judgment of the District Court is affirmed.