#### Isaac S. Tower v. Timothy M. Bradley et al.

Bill op exceptions—when neeessa/ry. When a party seeks to assign for error matters which are not a part of the record, he should preserve the same in a bill of exceptions, or the error can not be considered by this court.

Writ of Error to the Superior Court of Cook county.

*190This was an action of replevin, brought by Isaac Tower, against Timothy Bradley and Anna Hilton, for the wrongful taking and detention of certain personal property. A trial by jury resulted in a verdict and judgment for the defendants.

Mr. Theodore G. Beaver, for the plaintiff in error. \

Messrs. Forrester & Beem, for the defendants in error.

Per Curiam:

This case is brought here by writ of error, and a printed brief, filed by counsel, which seeks to establish these points, viz: First&emdash;By professing to direct the verdict to be reduced to form, the court changed it in matter of substance, and the judgment is not responsive to the issues. Second&emdash;The defendants were entitled to a return of the property. Third&emdash;The instructions given for the defendants below were incorrect.

There is no bill of exceptions in the case, and it is a matter of surprise that attorneys will bring a record here, and assign errors, in the absence of a bill of exceptions, as to matters which can become a part of the record, and be subject to review in this court, only by a bill of exceptions.

The judgment of the court below must be affirmed.

Judgment affirmed.