Shain

Action to recover a balance of $2,382.50 on an account for goods furnished and cash advanced to defendant’s testator. Plaintiff had a verdict and judgment for $750. In the judgment-roll appears a bill of exceptions, the sum and substance of which is, that the court heard defendant’s motion for an order requiring plaintiff to furnish a “further and other” bill of particulars more specific than one he had previously, on December 5, 1893, served on defendant and filed with the clerk; that defendant’s notice of such motion and the said bill of particulars “ are hereby referred to and made a part of this bill of • exceptions as fully as though incorporated herein”; that, after argument on the motion, the court denied the same, and defendant excepted.

A paper entitled in the cause, indorsed as filed by the clerk December 5, 1893, and purporting to be a bill of particulars, is printed in the transcript near said bill of exceptions. Respondent insists that this is not identified as the document of that date mentioned in the bill of exceptions, and cannot be considered on the appeal. We think, however, that no decision on this matter is necessary; for, conceding the identification of the…