Leftwich v. Marks

Opinion by

JARMAN, C.

The assignment of error presented by the plaintiff in error and relied upon for the reversal of this cause is that the verdict is contrary to the evidence and is not sustained by the law. To dispose of this assignment of error, it is necessary to review and consider the evidence produced during the trial of the cause.

The defendant in error takes the position that this court is without jurisdiction to consider this assignment of error for the reason that the evidence is • not preserved and brought before this court in a case-made nor in a proper bill of exceptions included…