Pratt

The above-named plaintiff and defendant are wife and husband. In the action the plaintiff sought an accounting from her husband in regard to his management and disposition of her separate property derived from the estate of her mother, and which she had confided to the control of her said husband on its coming into her hands. She also sought to have a certain note, mortgage, and deed, affecting a certain piece of her real estate, and executed by herself and her husband to her husband's father, decreed to be given up and canceled, because induced by the fraud and undue influence of her husband. Plaintiff had judgment, and de-' fendants appeal therefrom and from an order denying them a new trial.

The transcript on appeal contains the judgment-roll, a statement on motion for a new trial, embracing the evidence taken and proceedings had upon the trial, and a bill of exceptions, duly settled and signed by the judge after denying the said motion, containing an affidavit used thereon for the purpose of establishing the first ground of said motion, which was “irregularity in the proceedings of the court by which the said defendants were prevented from having a fair trial. ’ ’ This…