Padgett v. Mays

Opinion by

Judge Coker:

There is nothing before us to show that the bill of exceptions copied into the transcript was ever made, part of the record. The following is all the transcript contains on that subject: “The defendants’ motion for a new trial was overruled, and they, were allowed until the 1st day of the July term, 1879, to prepare and file their bill of exceptions. Defendants prepared and filed their said bill of exceptions with the clerk on the 26th day of June, 1879, which is as follows”: etc.

No portion of this purports to be an order of court, and it is all, no doubt, mere memoranda…