German Fire Insurance v. Gerber

It does not appear by the bill of exceptions in this case, that any exception was taken by the appellant to the giving or refusing instructions, or to the action of the court in overruling the motion for a new trial, and as this point is made by the appellee, we cannot ignore it.

It is well settled that unless an exception is taken and preserved to the overruling a motion for a new trial, the appellate court cannot examine the error assigned, that the verdict is contrary to the evidence, or that the court erred in refusing to grant a new trial. St. L. A. & T. H. R. R. Co. v. Dorsey, 68 Ill.…