Horan

This is a petition to prove a bill of exceptions which was disallowed as not conformable to the truth. It appears by the commissioner’s report that there was but one exception taken at the trial, and that another was afterwards taken to the consideration of certain evidence by the judge, which consideration he disclosed by his memorandum of his findings. Besides these two exceptions, the bill, as filed, set forth another as having been taken at the trial. In his certificate of disallowance the judge * said: “ The bill does not make a truthful statement of the case, as the narrative throughout…