
    (First Circuit—Hamilton Co., O., Cir’t Court
    Jan. Term, 1899.)
    Before King, Haynes and Parker, JJ.
    [of the Sixth Circuit, sitting in the First Circuit.]
    GILBERT v. GILBERT.
    
      File-mark on Bill of Exception failing to state court where filed.
    
    See 42 W. L. B., 153.
    Error to the Court of Common Pleas of Hamilton county.
    Swing, Gushing & Morse, for Plaintiff in Error.
    
      J. G. Harper and A. G. Allen, oontra.
   PER CURIAM.

The file mark on the bill of exceptions in the (case showed the bill was filed within fifteen days from the overruling of the motion for a new trial in the common pleas, but did not show in what court it was filed. In the absence of other evidence the court is not warranted in finding that the bill was not filed in the common pleas court. Motion of defendant to strike bill of exceptions from the files overruled.  