Doyle v. Turpin

— Section 2253 of the Revised Statutes of 1889 provides that an appellant may, in lieu of a transcript, file in the appellate court a copy of the judgment and an* order granting the appeal, accompanied by an abstract of the record.

The appellant in the present case has prosecuted his appeal under the foregoing section. His abstract of the record ' contains the copy of the motion for a new trial, and the action of the court thereon, but, as it is not affirmatively shown thát the motion was embodied in the bill of exceptions, it is claimed by respondent that no matter of exception is properly…