Jones v. Gill

1. Before proceeding to a discussion of the merits of this case it will be necessary to notice certain matter which the defendant in error procured the judge of the superior. *94court to have sent up after the bill of exceptions had been certified. This matter was no part of the r.ecord of the case, but consisted of statements as to what transpired on the hearing in the superior court. They were statements which might properly have been incorporated in the bill of exceptions, but which did not, and could not properly, become a part of the record of file in the •clerk’s office. . The statements…