Hunter v. Stump

The appellees have filed a motion to dismiss this appeal on the ground that a decision of the questions presented by appellants’ assignment of error requires a consideration of the evidence, and that the evidence is not in the record; and further because the appellants have failed to make the marginal notations required by Rule 2-5.

An examination of the record discloses an entry showing the filing of a bill of exceptions on September 19, 1947. This is followed on the next page of the record by the certificate of the clerk dated the same day which reads as follows:

“I, Chester E. Guard, Clerk…