Luttrell v. London & Provincial Marine & General Insurance

The defendant in error moves to dismiss the writ of error for the reason that the only error assigned is the alleged insufficiency of the evidence and that there is no hill of exceptions making it a part of the record. The case was tried upon a written stipulation of facts duly signed and filed with the clerk of the district court. It appears in the transcript filed with the clerk of this court.

Reliance is placed upon a case decided by us before the adoption of our Rule 27a, effective April 8,1935. In that case we held that an agreed statement of facts, to be considered by us, must be made a…