Wilson

delivered the opinion of the Court. This is an appeal from a final judgment taken since the 1st of July, 1851, at which time the statute prescribing the mode of bringing up causes on appeal became the law. No statement of the case containing the grounds on which the appellant relies for a reversal of the judgment of the Court below has been annexed to the record, but the judgment roll alone has been presented here. The latter disclosing no error, the judgment must be affirmed.

Dwinille for the appellants, filed a petition for rehearing, arguing against the exclusion of the affidavit, &c., from the record, at great length.

Feb. 11th. Justice Heydeneeldt delivered the opinion of the Court. This case was tried in the Court below a sufficient time before the Practice Act of 1851 went into operation, to lead to the conclusion that the case was prepared under the act of 1850. It has, however, been held by this Court, in several cases, that a mere transcript of the evidence as taken down and reported by the clerk forms no part of the record, unless it be embodied in a case, or a bill of exceptions, and have the signature of the judge. A different rule might lead to great abuse in the…