Majority
p. 490In re LING. July 29, 1885. 7 Pac. 660.
Headnote
Bill of Exceptions—Necessity for.—Where the Whole Case Appears on the Record, no bill of exceptions is requisite; the purpose of the bill of exceptions being to place on the record that which, without it, would not so appear.
p. 491
Application to supreme court for settlement of bill of exceptions in a proceeding for removal of a civil officer.
W. Smith for petitioner.
In this proceeding, as the whole case appears on the record, there is no bill of exceptions requisite. A bill of exceptions is only necessary to place that on the record which, without it, does not go on the record. In this case the action of the court can be reviewed on the transcript of the record of the case in the court below, on an appeal from the judgment of dismissal.
The application is denied.