Sutton

This is an action in claim and delivery. Defendant justified his right to retain possession of the property demanded (a horse, buggy, harness, etc.) as the keeper of a livery and feed stable, with whom the property had been left by plaintiff to be fed and cared-for, and claimed as due him on account of such feed and care the sum of three hundred and fifty-nine dollars and seventy-five cents, for which sum he claimed a lien upon the property in his possession.

The cause was tried by the court, and written findings filed in favor of defendant, upon which judgment was entered for costs of suit.

The appeal is from the final judgment, and the cause comes up on the judgment-roll, without any statement or bill of exceptions.

The record as presented contains a motion to strike out portions of defendant’s answer, and what purports to be an order of the court denying such motion.

These proceedings constitute no part of the judgment-roll, and not being embodied in any statement or bill of exceptions cannot be considered.

The only question in the case which we can consider arises upon the findings of the court to the effect that on the twenty-second day of November, 1892, plaintiff…