KRAFT v. WEAVER

No. 17,955.

120 Ind. App. 276 (1950)

90 N.E.2d 506

KRAFT ET AL. v. WEAVER ET AL.

Court of Appeals of Indiana.

Rehearing denied March 31, 1950.

Transfer denied April 28, 1950.


Attorney(s) appearing for the Case

Theodore Lockyear and James D. Lopp, both of Evansville, for appellants.

Hatfield, Meyer, Fine & Hatfield; and Edgar Durre, all of Evansville, for appellees.


DRAPER, C.J.

The only errors assigned here require a consideration of the evidence. Therefore, if the bill of exceptions containing the evidence is not in the record, no question is presented and the judgment must be affirmed.

Rule 2-3 provides that the filing of a bill of exceptions may be evidenced by an order book entry or by the clerk's certificate. Our Supreme Court has said that the affixing of the clerk's file mark, in connection with certain recitals...

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