Parsons

delivered the opinion of the court. Murray, Chief Justice, concurred.

This was an action upon a judgment of the Court of First Instance, the records of which belong to the District Court. The judgment which was the basis of this suit, was rendered without *425 any personal service on the defendant, and indeed without any service which by the laws then in force could be deemed an equivalent for personal service., There is, therefore, no dispute that the judgment of the Court of First Instance is invalid, and insufficient to sustain the present judgment, provided that the record of the first-mentioned judgment is properly brought before us.

This has been done by a certiorari from this court, and it is insisted by the respondent that it should have been made part of the record of this cause by a statement of it as evidence, or a bill of exceptions. The sole object of a bill of exceptions is to make a record of the special action of the court of what is not record by the general law.

By such action it attains the sanction and verity which enables the revising court to consider it. But that which is a record already, cannot receive any higher degree of sanction by being made record…