Willis v. American Elevator & Machine Co.
Willis v. American Elevator & Machine Co.
Opinion of the Court
— This is an action by appellee against appellants upon a contractor’s boncj executed by appellants to the owner of the building constructed, to recover for material furnished for such building.
There was a judgment against appellants for $892.62, from which appellants prosecute this appeal, assigning as error the court’s action in overruling their motion for a new trial.
The only question which appellants undertake to present pertains to the sufficiency of the evidence to sustain the finding of the court; but it does not appear by appellants’ brief that any time was given within which to file the bill of exceptions containing the evidence, or that any bill of exceptions containing the evidence was ever presented, allowed or filed. It has been expressly held by this court that, “where the exceptions or errors relied upon for reversal require a consideration of the evidence it is absolutely essential that the brief show that a bill of exceptions containing the evidence was filed and such brief must also contain a concise recital of the evidence referring to the pages and linqs where the evidence may be found.” Clemens v. Stoner, Exr. (1920), 73 Ind. App. 370, 126 N. E. 486, 488.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.