Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1899-12-23

O~grapher'S report and the objections anu :
ex ceptionsto the rulings are as follows
The alleged offer is stated ard the OBJ
~iections of the plaintiff thereto giVen,and
then is added, COLLECTIONS sustained, De-
PENDANT excerpts" 1t il then alleged that Y
said offer, objections, rulings and excep-
tons were set out in full in said state
meat on motion for new trial and on APP
peal, and that the Judge upon settlement
of said statement refused to allow defen-
dant's exception in accordance with the
facts, but struck the same from the state
ment.
1t is further alleged, that at the trial Of
said cause, Mrs. Anna NJ. Warren, a COM
petent and trustworthy shorthand repor-
ter, was by agreement of the respective
parties and by order of the Court ap-
pointed and authorized and duly sworn
to take the testimony in the case and re-
port the proceedings therein and to trans
cribe the same and file one copy with the
Clerk for the use of the Court and to de-
liver one copy to counsel on each side of
the case: that said testimony and pro
ceedinss were so taken and written out
by said shorthand reporter so authorized
10 1bdhc tHt SclhS. ailt - topN Wv
filed with the Clerk of said District Court
in said cas- e."
1t is alleged that the Court gave certain
instructions to the jury at the request of
the plaintiff; that defendant filed certain
objections to said instructions in writing;
that before the retirement of the jury in
said cause, petitioners counsel arose and
excepted to the giving of each and all of
said instructions upon the grounds and
for the reason stated in said objections on
pages 225 and 227, beth inclusive, of said
statement; that upon the settlement of
said statement, said Judge refused TO al
| low the petitioners said exceptions in
1 accordance with the facts, but struck the
f same out.
1t is alleged that the petitioner re-
t quested certain instructions to be given
9 to the jury, which instruction. the Court
/ modified and gave; hat the petitioners
g counsel at the trial, and before the retire
' ment of the jury, arose and excepted to
n the notifications of each of said %instrnc-
It tons, that said exceptions were set out
and stated on page DDS of said statement;
# that upon the settlement of said state
Illtlll san UISt CluSSN olIOh Solu "a
d ceptiOns in accordance with the facts as
Il set out in said statement, but struck the
l. same therefrOm.
1t is alleged that the Court refused to
e give certain Instructions ask ed for by the
q petitioner for certain reasons endorsed
e thereon, and that in the settlement of
l. said statement the Judge struck out said
II endorsed reasons
- 1t is alleged that instruction No. IA of
- the defendant was refused by the Court,
9 that the last word in said instruction as
- it was in fact presented to the Court read
- "plaintitt,'' that said last word should
" have been and was intended by petition
" er's counsel to be "defendant,' but that
- by some clerical or typographical error
~. or mistake it was written plaintiff; that
petitioner inserted said instruction ia his
~ statement with said word reading de
N fendant;' that upon the settlement OF
- said statement said Judge struck from
the instruri.o said last word "defend-
ant and inserted in lieu thereof the
" word "plaintiff,'' and that by 50 doing
said Judge refused to allow defendants
exception to the refusal to give said in.
structions, according to the facts as il
y fact existing aud as understood at the
time of said request and refusal.
The petitioner refers to said statement
on motion for new trial and on appeal
and to the testimony, records and pro
ceedings, etc, in the Court below, apc
-. asks that they he taken to be a part of hi
49, petition with the same force and effect a
49, if herein fully set forth.
The petitioner prays that a time ma,
be set for the hearing of the petition, ant
49, that petitioner be allowed to prove sal,
-, exceptions, and that tAereupon said ex
NV ceptiOns, each and all OF them be allOwe'
and made a part of the record in sal
- action.
,r The Court gave the petitioner time I
file affidavits and to produce any of TIA
records made in the trial court he wishe
ro in supper of SAID petition, and gave ia
respondent time to file counter affidavit
i've u any - san" 1'0i" i0 ny y
oid in opposition. The petitioner filed se'
sral affidavits and presented to this Cou
his statement on motion for new trial, tt
riol transcript of the testimony and of ii
ada proceedings made by the reporter. tt
hot respondent filed several counter at1id;
Wits. TIL aftidavits on each side set fort
a great many alleged facts which are e
.o,- tireIy immateriaI and wholly foreign
of CONTINUED on Third Page