#### Patrick Dignan and Jacob Weiner v. James H. Gilbert.

Practice—New Trial—Bill of Exceptions.

1. A motion for a new trial, and exceptions to the action of the court thereon, must be made a part of the record by a bill of exceptions, or this court can not take notice thereof.

2. A recital by the-clerk, upon the record, is no part thereof.

[Opinion filed January 14, 1891.]

Appeal from the Circuit Court of Cook County; the Hon. Richaed S. Tuthill, Judge, presiding.

Mr. W. C. Asay, for appellants.

Messrs. Richolson, Matson & Pease, for appellee.-

Gaby, J.

This is a ridiculous case. There is a paper in it called a bill of exceptions, but there is no exception to anything in it. The clerk has recited upon the record that a motion for a new trial was made and refused, and that the defendants, appellants, excepted; but such recital goes for nothing. The only quarrel is with the finding upon the facts. Foreman v. Johnson, 37 Ill. App. 452.

Judgment affirmed.