Moore

The respondent contends that the statement upon motion for a new trial which appears in the transcript cannot be looked into, for the reason that it is not identified, as having been used upon the hearing of the motion.

There is but one notice of appeal, and that is, both as to the judgment, and the order denying a new trial. The stipulation at the end of the transcript is to this effect: “ It is hereby agreed that the foregoing transcript contains a full, true, and correct copy of all papers necessary and proper to be used on this appeal; that the appeal herein was duly perfected, and the requisite deposit in lieu of an undertaking was given within the time prescribed by law; that the foregoing is a full, true, and correct transcript of the record on appeal, and that the appeal herein may be heard thereon.”

If the word “appeal,” as used in the stipulation, was intended to apply to both the order denying a new trial, and the judgment, then it covers the statement of the case which aptpears in the transcript, which is in due form, *486 and appears to have been settled by the judge, and filed on February 3, 1890. The order denying a new trial was made on the 17th of February,…