Clark v. Henderson

THOMAS, Justice.

The submission was on the motion and on merits. The grounds of the motion to strike the bill of exceptions, among other things, are:

“For that the Record on this appeal, to-wit: page 18 of the Transcript, affirmatively shows a failure on the part of the appellant, who is the party filing the bill of exceptions herein, to furnish a copy thereof to the adverse party or his attorney and that no endorsement to that effect was made upon the bill of exceptions, in that portion of the trial court’s order appearing on said page 18 and reading as follows:

“ ‘Although the proof and the…