Cussen v. Lynch

On Motion to Strike Out Statement of Pacts.

HUPP, C. J.

The appellee moves to strike out the statement of facts filed in this case: (1) Because pages 61 to 140 are duplicates of pages 1 to 61; (2) that pages l to 61 include all the testimony introduced on the defendant’s plea of abatement, which it is asserted should have been presented by a bill of exceptions; (3) that the agreement of counsel shows it was not agreed to as a statement of facts, but that it is a statement of the evidence admitted by the court upon both the plea in abatement and upon the merits; (4) because the trial judge did…