Sherrill v. Garth

FOSTER, Justice.

The suggestion that the bill of exceptions does not show an exception to the ruling of the court granting the motion for a new trial is not in accordance with what we think is a proper interpretation of it. The judgment of the court on that motion as it appears in extended form is set out in full in tlie bill of exceptions. Such judgment states that plaintiff reserved an exception.

It is true that we have often held that when the hill of exceptions contains no recital of an exception, its recital in the judgment, not a part of the bill of exceptions, is not sufficient. Drennen…