It was not for the clerk to decide what was the effect of the judge omitting or neglecting to pass upon the objection. His duty was to transcribe all the ‘ ‘ documents filed ’ ’ in the cause, and it will be for us to determine when the case comes here, what is, and what is not evidence.

The decision in Marchand v. Coffee, 23 Ann. 442, is not in point — at least it contains nothing contrary to our present ruling.

Writ refused.