
    No. 7882.
    McDaniel v. Mattingly.
    
      Practice. — New Trial. — Affidavit.—Bill of Exceptions. — Supreme Court.— Affidavits in support of a motion for a new trial, on account of newly-discovered evidence, must be made a part of the record by a bill of' exceptions, on appeal to the Supreme Court.
    From the Daviess Circuit Court.
    
      J. H. O’Beall and I). J. Heffron, for appellant.
    
      W. R. Gardiner and 8. II. Taylor, for appellee.
   Woods, J.

— The affidavits on which the appellant claims, a new trial, on the ground of newly-discovered evidence,, are not made a part of the record by a bill of exceptions.. Counsel claim no other error. The judgment must therefore be affirmed. Williams v. Potter, post, p. 354; Matlook v. Todd, 19 Ind. 130; Horton v. Wilson, 25 Ind. 316; Burnett v. Overton, 67 Ind. 557; Fryberger v. Perkins, 66 Ind. 19; Berlin v. Oglesbee, 65 Ind. 308; Buskirk’s Practice, 241.

Judgment affirmed, with costs.  