Shewalter v. Bergman

— The only one of the several errors assigned which is presented for our consideration relates to the action of the court in overruling the appellant’s motion for a new trial.

The appellee makes the point, and renders it necessary for us to determine, whether the evidence given on the trial of the cause is in the record.

We are informed by the transcript that, on the 17th day of February, 1888, at the close of the trial, the defendant, who is the appellant here, tendered to the court his bill of exceptions No. 1, and the same was signed, sealed and made part of the record on that day.

This bill…