Vandever v. Griffith

JUDGE WOOD

DELIVERED THE OPINION OF THE COURT:

This court cannot properly revise the judgment of the circuit court, and attempt to correct what are alleged to be errors in the record committed by the court in giving or refusing instructions upon a state of case said to be made by the evidence, without being assured, by a proper bill of exceptions, that it has before it all of the evidence heard upon the trial. It is true the record, as presented to the court, contains what purports to be a bill of exceptions, in which the evidence is “spread,” or written out. But we think, as was thought by…