Hanna,  J4 — This  proceeding  was  commenced  bj  filing,
in  the  form  of  an  account  for  subscription  for  the  erection
of  a  churoh  edifice,  in  the  office  of  the  derk  of  the  Com-
mon Pleas  Court,  a  claim  against  the  estate  of  Driver.  It
was  entered  on  the  appearance-docket,  and  Cbfe,  the  admin-


OP  THE  STATE  OF  INDIANA.  569


istrator  of  Driver^  allowed  it^  without  making  cost  or  ob-  l^y  '>'««&>
jecting.    At  the  next  tenn  of  the  Court,  Beard  and  wife,      i^^
having  become  administrators,  &c.,  of  the  estate  of  Driver ^      Bxabd
moved  the  Conrt  to  set  aside  the  allowance,  which  motion   Thb  Fikst
was  granted,  and  by  agreement,  the  claim  was  transferred  ^cm^li
to  the  issne-docket,  and,  without  any  further  pleadings,  tried     o'  Pbrtt.
by  the  Court    Finding  for  plaintiff  the  amount  of  the  sub-
scription, 100  dollars.     Motion  for  a  new  trial  overruled.
Two  exceptions  were  taken — one  to  the  ruling  of  the  Court
on  the  motion  for  a  new  trial,  and  the  other  in  regard  to
the  judgment  for  costs.
The  sufficiency  of  the  evidence  is  attempted  to  be  ques-
tioned; but  we  cannot  consider  that  point,  for  the  reason
that  the  bill  of  exceptions,  after  setting  forth  what  purports
to  be  the  evidence  of  certain  witnesses,  states  as  foUows:
"  Which  was  all  the  evidence  offered  in  the  case."  Other
evidence  might  have  been  given,  which  was  not  oifi^ed  by  ^

either  party.    This  does  not  coipply  with  the  rule  (1).
