Since it appears from the record that the cause was. heard by the Court of Appeals on the pleadings and evidence, and there is no bill of exceptions before this court exemplifying the facts necessary in determining the issues presented, the appeal is dismissed. State, ex rel. Schneider, v. Blythin, Judge, 157 Ohio St., 66, 104 N. E. (2d), 449.
Appeal dismissed.
Weygandt, C. J., Matthias, Hart, Zimmerman, Stewart, Bell and Taft, JJ., concur.