Radics v. Hayes

(after stating the facts.) The errors assigned relate solely to matters not of record and, therefore, not cognizable in this court, except by a bill of exceptions. Rulings on the admission and exclusion of evidence, exceptions to instructions given the jury, to denial oí a motion for a new trial, and to argument of counsel, cannot be brought before this court under Rule 11, but only by a bill of exceptions duly settled and certified by the trial judge. We cannot, by writ of error, direct the circuit judge to settle a bill of exceptions. Such direction, in a proper case, must be by mandamus.…