McKee v. Donner

WILLIAMS', C.

Motion ^orepti°ns: New Trial.

This is an action to quiet title to real estate. Trial was had in the circuit court of Butler county, resulting in a decree ^or defendants. Plaintiffs bring the case here by writ of error. Defendants in error insist that the appellate review must be limited to the record proper on *379the ground that the correct bill of exceptions does not contain'plaintiffs’ motion for new trial, nor any call for said motion. Upon an examination, we find that defendants ’ claim is correct. The situation of the record in this case is identical with that discussed in the…