Mitchell v. Beissenherz

The probate of a will was set aside by jury. The sole question in appellants’ brief is error in giving and refusing instructions. The praecipe calls for the original bill of exceptions containing the instructions. It is admitted that the clerk has followed the praecipe. It is also admitted that no exception is saved but by this bill. This presents the question of whether this court should recognize for any purpose the action of the clerk of the trial court in depriving himself of the custody of papers, documents ánd records of the trial court. There is no law, judicial or *588statutory,…