Kentucky Central R. v. Wells

Opinion by'

Judge Hargis :

The first objection made by appellee to the appeal is that there is no bill of exceptions showing what transpired before the jury on the trial.

The action was brought in September, 1877, a judgment had for the appellee, and the motion for a new trial was overruled, May 1, 1878. On the 4th day of May thereafter appellant tendered his bill of .exceptions, which was then signed and made part of the record.

In Scott v. Burrows, 13 Bush 430, this court decided under Sub-sec. 2, Sec. 337, Civil Code of 1877, that the party excepting shall at the close of the trial, unless…