Elser v. Parke

The principal question in this case arises out of the filing in the Court of Appeals by the (there) plaintiff-appellant of a bill of exceptions containing only a part of the evidence adduced at the trial .and the attempted diminution of the bill of exceptions for the purpose of picking out evidence which might justify the holding of the appellate court in reversing the judgment of the trial court.

A motion for diminution was made under Section 11572-u, General Code, which provides:

“When justice requires it, upon notice to all parties, an omission in a bill of exceptions, occurring through…