Vogel v. Harris

Appellees’ counsel contend that the evidence is not in the record on the motion for a new trial, and support their contention by a vigorous argument.

The record shows that a motion for a new trial was filed on the 30th day of Januaiy, 1885, and was overruled on that, day. No time was immediately asked in which to file a bill of exceptions, or to embrace the ruling on the motion in a bill. The ruling was directly followed by a motion for a venire de novo. This motion was overruled, whereupon the appellant secured the following entry to be made : “ To which judgment the defendants further…