[305] The following opinion was filed October 28, 1913:
MaRshaui,, J.
It is not contended but wliat tlie pleadings and findings support, the judgment. Without a bill of exceptions properly settle^, we are unable to officially know whether the findings are unwarranted by the evidence or whether there was newly discovered evidence, which, in view of the other evidence, entitled appellant to á retrial. Therefore, the judgment must be affirmed.
By ihe Gourt. — So ordered.

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