EARLES v. GILHAM

By the Court, HAWLEY, J.:

The order of the district court, allowing an amendment to appellants' motion for a new trial, having been reversed and set aside, upon an appeal taken therefrom by defendant Gilham, ( Earles v. Gilham, ante,) it follows from that decision that there is no statement, on motion for a new trial herein, which can be considered by this court; and, as it is not claimed that there is any error in the judgment roll, the judgment and order of the district court denying a new trial must be affirmed. It is so ordered.

Leonard, C. J. did not participate in this decision.