Stone v. Richmond & Tate's Creek Turnpike Road Co.

Opinion of the Court by

Judge Peters :

The evidence introduced on the trial in the court below was not objected to by appellees, was not objected to by appellant, and no question as to the propriety of its admission in that court can be raised or considered in this court for the first time.

Appellant asked three instructions, two of which were given, and the third refused. Whether that was properly refused will he the first question disposed of.

Two propositions of law are embraced in the rejected instructions. That the promise to subscribe $1,000, if Walker would *173give the same amount, was not…