Compton v. State

Decided May 15, 1883

Indiana Supreme Court · decided 1883-05-15

<p>Bill of Exceptions. — phange of Venue. — Affidavits.—Affidavits in support: of a motion for a change of venue must be incorporated in the record by a bill of exceptions, to be considerechby the Supreme Court.</p> <p>Same. — New Trial. — Affidavits in support of a motion for a new trial can not be made a part of the record on appeal by a recital in the motion therefor; they must be embodied in a bill of exceptions.</p>

Cited by 1 later decisions — most recently November 1906

1 state decisions

Relies on Horton v. Wilson

Good law ✅— No negative treatment on recordhow we know

Decided 1883-05-15

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Elliott, J.

¶1Affidavits in support of a motion for a change of venue must be incorporated in the record by a bill of exceptions or they can not be regarded on appeal. Horton v. Wilson, 25 Ind. 316. As there is no bill of exceptions, we can not examine the ruling denying a change of venue.

¶2Affidavits in support of a motion for a new trial can not be made part of the record by a recital in the motion for a new trial. In order to get them into the record and entitle them to consideration by this court, they must be embodied in the bill of exceptions.

¶3Judgment affirmed.