Brandt

There is a motion in this case to strike out the statement. As is usually the ease, the motion is the result of inattention to the simple provisions of the code by the attorneys for the appellants. The appeal is from the judgment. The point made is, that the paper containing the evidence and the exceptions of the appellants is a statement of the case made in support of a motion for a new trial; that no motion for a new trial was made; and that under section 950 of the Code of Civil Procedure such a statement can only be used on an appeal from the judgment where it has been used in support of a motion for a new trial. This is the language of the section referred to. But counsel for the appellants say the paper relied upon may be treated either as a statement of the case, or as a bill of exceptions. This isastrictiy true. It is entitled “ statement and exceptions,” and might with equal propriety be treated as a statement of the case, a bill of exceptions, or neither the one nor the other. We have never been able to understand why a statement was provided for in the code, and having been provided for, we are equally at a loss to know why it should ever be

*639 resorted to in…