Berkley v. Kobes

This is a writ of error to reverse a judgment of the circuit court dismissing the cause for want of jurisdiction. There is no bill of exceptions in the record, and hence, although the clerk has copied into the record the motion, yet under a well-settled rule of practice, we cannot look to it for any purpose whatever; but we can only look to those matters which arise upon the record proper. The case was a landlord’s summons originally brought before a justice of the peace. In such a case, we understand the record proper to be the justice’s transcript, the original papers transmitted therewith…