Nobles v. Smith

1. It affirmatively appears, from the entry of filing signed by the clerk, and also from his certificate attached thereto, that the bill of exceptions in this case was filed in the office of the clerk of the trial court on December 22, 1914, and it further appears that it was withdrawn from that court by the attorney for the plaintiff in error, and was kept by him until January 4, 1915, at which time it was returned to the clerk of the court, and that the record was sent to this court on the next day. 'Statements in the brief of counsel conflicting with the above are dehors the record and can…