Lynch v. Doran

The Court of Appeals could not consider the weight of the evidence in this case without a complete bill of exceptions. There is no such bill here.

It was argued that, by reason of provisions of the second paragraph of Section 2321.05, Revised Code, it was the duty of appellee to present any evidence favorable to appellee if such evidence was not included in the appellant’s bill of exceptions. That paragraph reads:

“If an appellant inadvertently omits a necessary part of the evidence or trial procedure necessary for a complete presentation of his assignments of error, or an appellee deems that a…