
    Smith v. Smith.
    
      Tuesday, December 11.
    APPEAL from the Porter Circuit Court.
    
      S. I. Anthony, Thos. J. Merrifield and James Bradley, for appellants.
   Per Curiam.

The appellant filed his petition against his wife for a divorce. She appeared and answered, and also filed her cross-petition, praying for a divorce on grounds therein alleged. A divorce was granted on behalf of the wife.

The record comes before us without any exception being taken to the proceedings below. No question was raised as to the pleadings; no motion was made for a new trial or in arrest of judgment, nor is the evidence set out; in short, there is nothing for revision in this Court.

The clerk, in the transcript sent up, states that after the return of the verdict, the cause having been submitted to a jury, the plaintiff moved for leave to 'dismiss his petition and action, which motion was overruled, and to which ruling he excepted; hut this statement is clearly no part of the record. These matters could not be made such, without a hill of exceptions. Ind. Dig. § 497, p. 692, and authorities there cited.

The judgment is affirmed, with costs.  