Opinion
No. 13,575.
Filed April 11, 1930.
BILL OF EXCEPTIONS — Grant of Time for Presenting to Judge for Approval — Made Several Days after Overruling Motion for New Trial — Evidence Not in Record — No Question Presented. — Where time to present a bill of exceptions containing the evidence was granted several days after the motion for a new trial was overruled, and the bill was not presented to the judge for approval until after the expiration of the term, the evidence was not in the record on appeal, and no question was presented relative to the overruling of the motion for a new trial.
From Clark Circuit Court: George C. Kopp, Judge.
Action by the George E. Thompson Lightning Rod Company against Frank Masters and another. From a judgment for plaintiff, the named defendant appealed. Affirmed. By the court in banc.
L.A. Douglass and W.B. Allison, for appellant.
Lawson N. Mace, Charles A. Hunt and Wilmer T. Fox, for appellees.
The error assigned is the overruling of appellant's motion for a new trial, the correctness of which ruling depends upon the evidence, which appellee insists is not in the record. The motion for a new trial was overruled September 27, 1928, judgment having previously been rendered. An exception was taken to such ruling at the time, but no time was given for presenting a bill of exceptions. Several days later, time was given, but the bill was not presented until long after the expiration of the term of court when the motion was overruled. On authority of Citizens St. R. Co. v. Marvil (1903), 161 Ind. 506, 67 N.E. 921, we hold the evidence is not in the record, and that no question is presented relative to the overruling of the motion for a new trial.
Judgment affirmed.