Turner v. Hendryx

delivered the following specially concurring opinion:

I cannot concur with all that is said by Mr. Justice Benson, although I agree with the conclusion that the judgment should be reversed. There is no bill of exceptions in the record; and in my opinion the absence of a bill of exceptions not only precludes us from trying the cause de novo but also prevents us from reexamining any disputed c_ ’estion of fact, if the decision of such- disputed question of fact is dependent upon the evidence offered at the trial. Among the files is a transcript of the testimony certified to by the official court…