Interstate Trust Co. v. Citizens Bank

1. There is no merit in the contention that the judgment “should be affirmed for the reason that a substantial copy of defendant’s motion to dismiss is neither specified in the bill of exceptions . . nor is a substantial copy thereof included in and made a part of said bill of exceptions, though the ruling on said motion is the only exception taken in the bill, and is not only material but essential to a clear understanding of the alleged error.” The motion to dismiss, as certified in the bill of exceptions, was oral, and raised the sole issue of the sufficiency of the petition. As such the…