Bailey v. Benton County

111 P. 376, 61 Or. 390, 1910 Ore. LEXIS 211

Opinions

Opinion by

Mr. Chief Justice Moore.

This is a motion to strike from an abstract certain testimony, on the ground that it was not copied from the bill of exceptions. The transcript sent up contains a bill of exceptions showing that it was signed by the judge, and appended to the record is the certificate of the clerk, wherein he asserts that the transcript contains a full, complete and true copy of the bill of exceptions. An examination of the bill referred to reveals that it embraces the identical testimony assailed. If any mistake has been made in the appellant’s abstract, the respondent can file an additional abstract and- have the record corrected. Rule 5 of the Supreme Court (50 Or. 572: 91 Pac. viii).

• Until an amendment has been made in the manner indicated, the motion should be denied; and it is ordered.

Motion Denied.

Decided April 9, 1912.