Ohio & Mississippi Railway Co. v. Engrer

The overruling of the appellant’s motion to require the appellee to make his complaint more specific is assigned as error.

Such a motion can not become part of the record except by bill of exceptions or order of court. Section 650, R. S. 1881; Board, etc., v. Hill, 115 Ind. 316.

The appellant sought to save its exception to this ruling by a bill of exceptions, but it does not contain the motion, which is referred to in the bill as follows : “ (Heretofore set out in the record, on page 4.)”

A written instrument copied in the transcript, but not constituting a part of the record by virtue of the…