Exhibit

To produce a thing publicly, so that i#may be taken possession of and seized.

Dig. 10. 4. 2.

To file of record. Thus, it is the practice in England in personal actions, when an officer or prisoner of the king's bench is defendant, to proceed against such defendant in the court in which he is an officer, by exhibiting, that is, filing, a bill against him. Steph. PI.

52, n. {I); 2 Sellon, Pr. 74; Newell v. State, 2 Conn. 38.

A paper or writing proved on motion or other occasion. A supplemental paper referred to in the principal instrument, identified in some particular manner, as by capital letter, and generally attached to the principal instrument.

1 Stra. 674; 2 P. Wms. 410; Gresl. Eq. Ev. 98.

A paper referred to in, and filed with the bill, answer, or petition in a suit in equity, or with a deposition. Brown v. Redwyne, 16 Ga. 68. be attached to the deposition in connection with which they are offered in evidence; Toby v. R. Co., 98 Cal. 490, 33 Pac. 550. It has been held that the exhibits filed with a petition form no part thereof, and cannot be considered in determining its sufficiency on demurrer; Pomeroy v. Fullerton, 113 Mo. 440, 21 S. W. 19; and if the exhibit is not the foundation for the cause of action or of the defence, it will not be considered; Barnes v. Mowry, 129 Ind. 568, 28 N. E. 535. Documents and other things, produced by a witness on cross-examination and marked for identification, are not before the court unless offered and admitted; Byerley v. Sun Co., 181 Fed. 138.