
    BILL OF EXCEPTIONS — ERROR.
    [Cuyahoga (8th) Circuit Court,
    October 26, 1908.]
    Marvin, Winch and Henry, JJ.
    State Banking & Trust Co. v. C. A. Krause, Jr., Trustee, et al.
    Motion to Strike Bill of Exceptions from Files Lost for Failure to Show Prejudice.
    A motion to strike a bill of exceptions from the flies on the ground that one of the defendants in error was not notified of its filing and so had no opportunity to file exceptions to it, will be overruled, the mover showing no prejudice to his rights.
    [Syllabus by the court.]
    
      Smith, Taft & Arter, for plaintiff in error.
    
      Carpenter, Young & Stocker, Kline Tolies & Goff and Smith, Taft & Arter, for defendant in error.
   WINCH, J.

Motion is made in this case by B. D. Nicola, one of the defendants, to strike the bill of exceptions from t-he files because the clerk failed to notify him of the filing of said bill, as required by Sec. 5301 R. S.

He suggests that perhaps he might have corrected the bill if it had been submitted to him, but he fails to point out any particulars in which the bill is wrong, or show any prejudice which might arise to his rights from a use of the bill in the case.

Motion overruled on authority of Davies v. Railway, 71 Ohio St., 325 [73 N. E. 213].

Marvin and Henry, JJ., concur.  