56 S.W.2d 329 | Ky. Ct. App. | 1933
Affirming.
This is the second appeal of this case. See
On motion heretofore entered by the appellee, the bill of exceptions herein was ordered stricken on the authority of Knecht v. Louisville Home Telephone Co.,
Applying these general rules and considering the record as presented, the appellant is precluded by the first opinion of this court from raising the question of the sufficiency of the petition to state a cause of action. Without a bill of exceptions containing the evidence and instructions, this court is limited to the exercise of the power of merely reviewing the question of the sufficiency of the pleading to support the verdict and judgment.
An examination of the pleadings discloses that the allegations therein abundantly support the verdict and judgment.
Wherefore the judgment is affirmed.