O'Donald v. Constant

Assigning for error the overruling of his motion for a new trial, the appellant complains of the giving and refusing of instructions, and that the verdict is contrary to the law and the evidence.

Yo question in reference to instructions is properly presented. Copies of certain instructions appear in the transcript immediately following the motion for a new trial, and apparently as a part of the motion. If not a part of that motion, then it does not appear that they were filed, as the transcript contains no-copy of the clerk’s notation of the filing, nor any recital that they were filed.

It has…