Bodley v. Ferguson

By the Court, Sanderson, C. J.

This is an appeal from an order granting a new trial. The plaintiff takes the appeal. The case is brought here upon what purports to be a bill of exceptions made up ex parte and inserted in the record without the knowledge or' consent of the defendant, the statement upon which the motion for a new trial was made in the Court below being omitted. The resjoondent moves to dismiss the appeal upon the ground that the appellant has not furnished this Court with the necessary papers.

The three hundred and forty-sixth section of the Practice Act provides that “ On appeal…