
    Searl v. Smith.
    A pleading stricken out on motion is not in the record, unless put in by-hill of exceptions.
    
      Monday, November 26.
    APPEAL from the Randolph Circuit Court.
    
      T. M. Brown, for appellant.
    
      J. Smith, for appellee.
   Per Curiam.

In this case, the hill of exceptions says that certain evidence was all the evidence; hut it shows on its face that it doesAot contain it all. Items of evidence given are not copied into the bill.

"A pleading stricken out on motion is not in the record, unless put in by bill of exceptions. Saunders v. Heaton et al., 12 Ind. 20.

The judgment is affirmed, with 5 iier cen^‘ damages and costs.  