PER CURIAM.
Attached to the opening brief of appellant in this matter is an affidavit of one of appellant's counsel relative to proceedings in court at the time motion for new trial was made. Respondent has moved for the order of this court striking said affidavit from said opening brief upon the ground that it is not a part of the bill of exceptions or judgment roll and is accordingly a fugitive document.
It is clear that this court in determining whether...
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