Sepulbeda

Heydenfeldt, J., concurred.

It is insisted by the Respondents’ counsel that this case comes up on the judgment roll, and that we cannot consider anything else, as there is no statement signed by the Judge of the Court below, or agreed upon by the parties; although not necessary to a decision, we have determined to settle the practice on this point, to avoid further difficulties and misapprehensions.

On the trial in the Court below the appellant tendered several bills of exceptions to the decisions of the Court, which were signed by the Judge and filed by the Clerk, and thus became records in the case. As before decided, the object of a statement, as provided by our statutes, is to make that record, which before was not record, but rested only in the recollection of the Court, or counsel, or the minutes of the Clerk; and it never has been considered necessary to embody matter of record in a bill of exceptions.

For these reasons this Court held that it would not review a case'on testimony taken down at the trial, and certified to us by the Clerk, or upon errors purporting to have ieen noted in the Clerk’s minutes, but, that the same should have been embodied in a bill of…