Morgan

In this case the plaintiff gave one notice of appeal from the judgment and from the order denying its motion for a new trial, and one transcript of the record would have sufficed for both appeals, but two transcripts of the same record have been filed; one labeled “ Transcript on appeal from the judgment,” numbered 14346, and the other labeled “ Transcript on appeal from order refusing new trial,” numbered 14345, thus apparently making two cases of what is practically one.

All errors assigned and referred to in the argument are presented by the appeal from the order, and to that I shall confine my attention.

The objections urged by the respondent to the right of the appellant to be heard on this appeal are untenable. The order denying a new trial was made and entered June 21, 1890, and the notice of appeal designates it as of that date. After the appeal had been taken and perfected, the appellant, on the 19th of January, 1891, obtained a nunc pro tunc order of the superior court amending its order of June 21,1890, by adding a recital to the effect that the motion for a new trial was based *550 and submitted on a bill of exceptions filed at the date of the hearing. The contention…