
    BILLS OF EXCEPTIONS.
    [Hamilton Circuit Court,
    1899.]
    King, Haynes, and Parker, JJ.
    (Of tlie Sixth. Circuit, sitting in the First Circuit.)
    Gilbert v. Gilbert.
    Assumption Cueing Defect in File Mask.
    In the absence of evidence other than an omission, in the file mark, to state? that the bill of a exceptions was filed in the court of common pleas, the circuit court will assume that it was filed in that court.
    Error to the Court of Common Pleas of Hamilton county.
    Swing, Cushing & Morse, for plaintiff in error.
    J. C. Harper and A. G. Allen, contra.
    
   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.  