Kraft v. Weaver

— The only errors assigned here require a consideration of the evidence. Therefore, if the bill of exceptions containing the evidence is not in the record, no question is presented and the judgment must be affirmed.

Rule 2-3 provides that the filing of a bill of exceptions may be evidenced by an order book entry or by the clerk’s certificate. Our Supreme - Court has said that the affixing of the clerk’s file mark, in connection with certain recitals in the certificates of the judge and of the clerk, is sufficient to show the filing of the bill. Walner v. Capron (1946), 224 Ind. 267, 66 N. E.…