Lindsley v. Lewis
Lindsley v. Lewis
Opinion of the Court
delivered the opinion of the court:
The plaintiff, Nellie E. Lewis, brought this action against defendant, Grace P. Lindsley, to recover the sum of fifty dollars for one- month’s wage. There have been two trials of the action, one before a justice of the peace, the other, on appeal, in the county court, each resulting in a judgment for plaintiff in the amount sued for. All of the errors assigned and argued here are predicated upon the insufficiency of the evidence, to rulings thereon at the trial, and to an alleged variance between the cause of action stated and the evidence produced to sustain it. That a review thereof can be had only if a bill of exceptions is brought up with the record proper is obvious. What purports to be a bill of exceptions is included in the transcript, but it is not sealed, though it is signed, by the trial judge. Repeated decisions - of this court preclude our consideration of it for any purpose. Besides, the alleged bill does not show that any exception was taken to the judg
Affirmed.
Mr. Justice Musser and Mr. Justice White concur.
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