Willett v. New York Central Rd. Co.

One of the assignments of error— the second — is that the court erred in overruling defendant’s motion for a new trial. One ground alleged in such motion was misconduct.on the part of a juror.

This appeal now comes before this court upon the plaintiff’s motion to strike the second assignment of error from the files on the ground that it relates “to matters not appearing on the record in this case and .therefore not subject to consideration by this court in the absence of a bill of exceptions.”

Several affidavits were filed with the motion for a new trial. They were referred to in the motion…