1. The parties to a cause are not determined >lely by the caption in that cause, but from the itire record in the cause.

2. Where a suit is brought in the court of common 'eas by an injured party against the director genial of railroads, trial had upon the issues joined, l which trial a directed verdict is ordered by the residing judge in favor of the defendant below, otion for new trial overruled, and judgment en-:red upon the verdict; and, where, subsequently lereto, in due form and time, a bill of exceptions

prepared, submitted to one of counsel of record ir such director general of railroads, and there-:ter duly filed in court; and where a petition in •ror is duly prepared and filed, accompanied by vaiver of issuing and service of process and entry : appearance,” duly signed by such attorney of icord, the court of appeals, under and by virtue ’ Section 12260, General Code, has jurisdiction over le defendant below for the purpose of reviewing le judgment entered in the court of common pleas, ldgmnt reversed.