Shotwell v. Dodge

The opinion of the court was delivered by

Stiles, J.

— The respondents move to strike the bill of exceptions containing the evidence in this case, on the ground that no error is assigned upon any matter excepted *338to in the bill itself. The point, we think, is not well taken. The exception is contained in the record, being an exception to the refusal of the court to grant a new trial on the ground that the verdict was not sustained- by the evidence. The bill of exceptions is merely a part of that exception, containing as it does all the evidence introduced at the trial. Where the error alleged is…