Kimmell v. Mohler

Miller, Judge :

This case is here on writ of error to a final order of the trial court, overruling, defendant’s demurrer to plaintiff’s' evidence, and entering judgment for the plaintiff on the conditional verdict of the jury.

Plaintiff objects to a consideration of the evidence by this court, on the ground that it was not made a part of the record by a properly identified bill of exceptions. The order of the circuit court, entered on March 24, 1926, in term time, making the transcript of the evidence a part of the record, retites that: “Thereupon the defendant t.en-dered a transcript of the…