
    Whitton v. Fuller & Wagner.
    Appeal: jurisdiction: defective abstract. This court has no jurisdiction of a cause brought up from the district court where the abstract fails to show that an appeal was taken to this court.
    
      Appeal from Marshall District Court. — Hon. S. M. Weaver, Judge.
    Filed, May 21, 1889.
    Action to recover for grain stored in defendants’ warehouse. Judgment for plaintiff, and defendants appeal.
    
      Henderson & Hargrave, for appellants.
    
      O. L. Binford and J. H. Bradley, for appellee.
   Granger, J.

The abstract in this case sets out the pleading; a stipulation of facts on which the cause was submitted below; the judgment of the district court; and an assignment of errors. It contains no words whatever with reference to an appeal or a submission of the cause to this court. Arguments of counsel are on file, but they do not give to this court jurisdiction. There is no record upon which to base a judgment here, and the proceeding as to this court is

Dismissed  