Board of Commissioners v. Trees

Reinhard, J. —

The only specification of error is the overruling of the appellant’s motion for a new trial. It is earnestly contended by appellee’s counsel that the bill of exceptions is not properly in the record, there being no sufficient certificate of the clerk. It is true that in the clerk’s certificate to the transcript there is no recital of the filing of the bill of exceptions. But the transcript does contain a record entry just preceding the bill of exceptions, which shows “that on the *48024th day of August, 1894, in vacation of the Shelby Circuit Court, and within the time limited…