
    Pearce et al., executors, vs. Allen.
    [This case was argued at the last term, and decision reserved,]
    1. In this case no motion was made for a new trial, and there was no testimony embodied in, or exhibited to, the bill of exceptions; therefore the bill of exceptions is dismissed. Only in cases where motions are made for new trials can the evidence be made a part of the record, and be considered as legally before this court. See Code, §4253
    3. The charge of the court cannot be reviewed in this case understand' ingly without the evidence, and the sole point complained of is upon the charge,
   Jackson, Justice.  