
    Charles J. Kerndt v. The Board of Commissioners of Cheyenne County.
    Defective Reoobd — Case, Dismissed. Where the record on appeal shows that the findings and judgment are entitled in another case, without any explanation other than by counsel for plaintiff in error in their brief, to the effect that the same were adopted by the trial court from the other ease, without changing the title, the petition in error will be dismissed.
    
      Error from Cheyenne District Court.
    
    The opinion states the case.
    
      8. W. McElroy, and 8. B. Bradford, for plaintiff in error.
   Opinion by

Simpson, C.:

The record of this case is in a peculiar condition. Most of the proceedings are entitled in one case, while the findings and judgment are entitled in another case, with different parties plaintiff and defendant. This purports to be the record of the case of “.Charles J. Kerndt v. Castle, Swartz and McCullough, County Commissioners of Cheyenne county.” The findings and judgment are entitled in the case of “Thomas J. McCarty and R. W. Joqua, ex rel., v. Edwin N. Phillips, Clerk District Court.” Counsel for plaintiff in error in their brief say that this is caused by the trial court adopting for its findings and judgment those of another case, without changing the title of the other case. The record itself does not contain any hint or reference to such adoption, and we are bound by that, rather than the statement of counsel outside the record. No briefs are filed by counsel for the defendants in error, or no stipulations filed explaining the record.

We recommend that the petition in error be dismissed.

By the Court: It is so ordered.

All the Justices concurring.  