166 P. 218 | Idaho | 1917
This is an appeal from a decree foreclosing a certain mortgage upon property owned by the appellants and from an order of the court overruling appellants’ motion for new trial. The motion for new trial was based in part upon the minutes of the court.
The record on appeal purports to contain a transcript of the evidence taken at the trial. It does not appear that this transcript was ever settled by the trial judge or certified by him to be correct. Sec. 4443, Rev. Codes, as amended by 1911 Sess. Laws, p. 378, is as follows: “The judgment-roll and the
The failure of the record to contain a transcript of the evidence duly certified and settled by the trial judge leaves only the judgment-roll to be reviewed on the appeal from the judgment.
The only assignment of error which is material has to do with the system of computation employed by the court in determining the amount due upon the notes. It is urged that the court erred in the computation as contained in its findings of fact and conclusions of law to the effect that the plaintiff was entitled to recover as principal' and interest, exclusive of attorney’s fees and costs, the sum of $2,781.48. Appellants have submitted a computation table showing the computation of interest according to the system used and employed by the court, and the result thereby obtained is $55.73 less than the result reached by the court. The computation as submitted by appellants has been earefully cheeked and found to be substantially correct, and this finding of fact and the decree based thereon should, be modified to that extent.
Petition for rehearing denied.