Perkins v. Hanna

Kenna, Judge:

The defendant below prosecutes this writ of error against a judgment of the Circuit Court of Greenbrier County entered in an action of trespass on the case, and upon final submission the defendant in error in writing moved to strike from the record “Bill of Exceptions No. 1”, and to dismiss this writ of error because there is no record entry making the transcript of the testimony a part of the record by bill of exceptions or otherwise, and that the several assignments of error are all based upon the insufficiency of the proof to sustain the verdict or upon the giving or refusing…