Zielinski v. Remus

[ Upon petition for rehearing.]

Mr. Justice Gary.

The appellant'has presented a peti-

tion for rehearing, arguing that to hold, as the original opinion does, that the bill of exceptions is not part of the record here, is to contradict the certificate of the clerk; that there is no particular mode of signifying to the clerk the agreement of the parties, and that such agreement is no pare of the record. There has not been, to our knowledge, any discussion as to what is the right method of presenting the evidence of such agreement.

We have hitherto accepted any paper purporting to be signed by the…