.After hearing on briefs -and arguments herein we examined the record and ascertained that this *690 cause and the papers herein had been certified to this court ■by the clerk of the superior court without the bill of exceptions filed therein by the plaintiff having been allowed by a justice of that court. Moreover, the truth of the exceptions was not established in this court. If such non-allowance or nonestablishment had earlier been brought to our attention, we would not have permitted the cause to-be assigned for hearing or to -be heard on its merits.

The papers herein shall remain with the clerk of this court and the cause shall not ag'ain be -assigned for hearing-on its merits until the truth of the exceptions h-as been established in this court in the manner provided by G. L. 1956, §9-24-22.