Judgment Roll—Judgment—Findings — Construction of Statute.— The statute in reference to the judgment roll contemplates that there shall be but one judgment and one set of findings incorporated therein.

Id. — Transcript upon Appeal — Certificate of Trial Court Inconclusive— Power oe Appellate Courts.—Upon an appeal from a judgment, the appellate court is not bound by the papers found in the transcript which purport to constitute the judgment roll, nor by the certificate of the trial court that certain papers therein enumerated constitute the judgment roll. If it is contended that the judgment roll presented to the appellate court is defective or lacking in material parts, the omitted'documents, if properly certified, may be brought before that court, and it will determine what constitutes the judgment roll.

Id. —Presumption upon Appeal—Later Judgment and Findings Presumed Correct.—Upon an appeal from a judgment, where the judgment roll consists simply of the pleadings, findings, and judgment, and the respondents bring before the appellate court another set of findings and another judgment made and entered prior to the filing of the findings and entry of judgment contained in the transcript, asserting them to be the true findings and judgment, in the absence of any showing by bill of exceptions or otherwise, the judgment and findings later in point of time must prevail and be deemed to be the true and final judgment in the case, and it must be presumed that circumstances arose which justified the court in setting aside the first findings and judgment, and in filing the second findings and judgment.

Contracts — Covenant to Employ Superintendent—Agency—Liability for Negligence. —Where a party to a contract covenanted to furnish a superintendent, whose duty it should be to supervise the work contracted to be performed by such contracting party, such superintendent is not thereby made the agent of the other party to the contract, nor is the party appointing the superintendent relieved from liability to the other party for loss resulting from the negligence and incompetency of the superintendent.