BROWN, J.
Much of defendants' argument on the appeal concerns the proceedings had in the first action which was dismissed without prejudice by Judge DUQUAINE. No appeal was taken from the order of dismissal nor any other order in that action. The record made then was introduced in evidence in the second action and now forms a part of the bill of exceptions in the appeal from Judge GOODLAND'S judgment, but its physical presence in this court does not give us jurisdiction...
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