The assignments of error in this cause are based upon a bill of exceptions which was stricken from the files upon motion of appellee. See Catlin Land and Canal Co. v. Burke, 22 Colo. 419. The question as to whether there *495is error in the decree depends upon the evidence, which is not before us. In the record proper no error appears, and the judgment of the district court must, therefore, be affirmed.

Affirmed.