Kirby v. Vann

The record in this case does not show any *222bill of exceptions, such as this court has any authority to notice. By consent of the counsel of both the parties litigant, an agreed statement of facts is incorporated into the transcript, of which they say: “ This being, in substance, all the testimony, the counsel in the cause having consented in writing to the signing of a bill of exceptions in vacation, and the presiding judge having been repeatedly and continually absent, it is agreed that the above be taken as an agreed statement of facts, in lieu of a bill of exceptions, and that the cause be…