Opinion of the Court by

Sustaining Motion.

When the judge who presides at the trial dies before a bill of exceptions is filed, a bystander’s bill may be filed, but the bill may not be approved by the successor of the judge who presided at the trial. (P. C. C. & St. L. R. R. Co. v. Austin, 143 Ky., 70.)

The motion to strike out the bill of exceptions and transcript of evidence is sustained.