Oliver v. Estate of Clemons

Dissenting Opinion

Faulconer, J.

— I would affirm the judgment of the trial court.

This appeal requires a consideration of the evidence set forth in the bill of exceptions. I agree with appellee’s contention in his motion to dismiss or affirm that such bill is not properly certified. The record discloses that the Honorable Russell Gordon, sole Judge of the White Circuit Court presided at the trial of this cause. The Judge’s certificate to the bill of exceptions is signed by Maurice Zerface, Judge, White Circuit Court, Indiana. There is no showing of any determination and court order as to the…