Cody v. First National Bank

Atkinson, Justice.

1. The writ of error in the present ease was from a judgment granting a new trial. When it was reached for consideration in this court, a motion was made to dismiss it upon the ground that certain portions of the record specified in the bill of exceptions, and ordered to be sent up, were not certified and sent up by the clerk. The portions of the record, upon the absence of which the motion to dismiss was predicated, were an amendment to the plaintiff’s • petition and the answer of the defendant. When the motion to dismiss came on for consideration, plaintiff suggested a…