Acme Harvesting Machine Co. v. Brigham

Plaintiff brought this action in the district court for Custer county upon a promissory note. From a' verdict and judgment in favor of defendant, plaintiff appeals.

Counsel for plaintiff state: “Appellant presents but one question for review. It is respectfully submitted that the trial court erred in giving instruction No. 5 of its own motion (Trans, p. TO), and which was duly excepted to at the time (Trans.' p. 13).” Page 10 of the transcript referred to shows the instruction as given by the court. Page 13 shoivs paragraph IT of the motion for a neiv trial, Avhich recites: “The court erred in…