Simmerson v. Herringdine

The motion to dismiss the writ of error upon the grounds that (a) the evidence is neither incorporated in the bill of exceptions nor attached thereto as an exhibit duly identified, (b) that the bill of exceptions does not contain the evidence, and (c) that at the time the bill of exceptions was certified there was in fact no brief of evidence legally approved and filed in the court below, is without merit, there appearing in the record a brief of the evidence duly approved by the court and ordered filed as a part of the record in the case.

The bill of exceptions specifies as material to a…