
    Mann vs. Archer, sheriff, et al.
    
    Where no motion for new trial is made, the evidence should be embodied in the bill of exceptions, or attached as an exhibit thereto, and properly identified. A rule to distribute money having been tried on an agreed statement of facts, and exceptions been taken to the ruling thereon, the embodiment in the record of what purports to be a copy of the agreement, signed by counsel, is not sufficient.
    January 17, 1882.
     