Morningstar v. Musser

Elliott, J. —

In the bill of exceptions incorporated in the record the report of the stenographer is referred to as containing the evidence, but the report is not made part of the bill, nor ivas there any attempt to make it a part of the bill except by a general reference. That evidence can not be brought into the record in the mode here pursued has been declared in many cases. Wagoner v. Wilson, 108 Ind. 210, and cases cited ; Fahlor v. State, 108 Ind. 387; Stone v. Brown, 116 Ind. 78 ; Flint v. Burnell, 116 Ind. 481; Butler v. Roberts, 118 Ind. 481; Colt v. McConnell, 116 Ind. 249; Doyal v.…