Hightower v. Flanders

1. Where there is no motion for new trial in the court below, but the case is brought directly to this court, the evidence should be brought up in the bill of exceptions. It should either be embodied in the bill of exceptions and precede the judge’s certificate, or, if attached in the form of exhibits, it should be identified by the signature of the presiding judge.

(a.) Exception was taken to the sustaining of an affidavit of illegality. The bill of exceptions referred to the evidence and the record before the court below as being attached thereto in the form of exhibits A, B, C and D. When…