Kirby v. Lippincott, Ogelvie & Co.

Lumpkin, Justice.

It appears from the bill of exceptions, that this case was tried by the judge below without the intervention of a jury. Error is assigned upon the judgment rendered, and also upon various rulings made during the trial. None of these can be intelligently passed upon without a consideration of the evidence, which is not brought to this court in the manner prescribed by law. The bill of exceptions neither contains, nor purports to contain, the evidence introduced at the trial. After specifying the material portions of the record, including the judgment of the court, it prays,…