Ricketts v. Harvey

The appellant assails one of the instructions ■given by the trial court, but we feel bound, upon an exam*565ination of the record, to sustain the contention of the appellees, that as no exception was reserved no question is presented for our consideration.

The record, however, is not free from confusion, and fearing that we may possibly be in error in holding that there' was no exception, we have examined the question sought to-be presented, and the result of our examination is, that, conceding that the instruction is erroneous, and conceding, also, that there was an exception, there can be no…