Schmidt v. Colley

This record presents no question in such a manner that the appellant can avail himself of it in this court. All the errors alleged are on account of motions sustained and overruled. There is no bill of exceptions. Thus a paragraph of the appellant’s answer was stricken out, on motion. Then it was no longer a part of the record, unless made so by a bill of exceptions. We cannot properly know what the paragraph was. The clerk professes to copy it into the transcript, but this he had no authority to do. He cannot retain in the record that which the court has stricken out. The other questions…