Hastaran

This is an appeal from a judgment rendered in favor of the plaintiffs and also from an order denying the defendant a new trial.

The action was one to rescind a contract of purchase and sale of personal property and for the recovery of the purchase price thereof, upon the ground of fraud. The case was tried by the court without a jury, and findings were made in favor of the plaintiffs in substantial accord with the allegations of the complaint. Judgment was entered upon the findings on September 7,1911, and on the following day defendant served and filed her notice of intention to move for a new trial upon the grounds of errors of law occurring during the trial, and the insufficiency of the evidence to justify the findings.

The notice of intention stated that the motion would be made upon affidavits to be thereafter filed, a statement of the case, and also a bill of exceptions to be thereafter prepared. On March 25, 1912, an engrossed “statement of the case on motion for a new trial” was allowed and authenticated by the certificate of the trial judge. . The motion for a new trial was heard and denied on April 8, 1912.

In support of the appeal it is urged that in certain…