Fountain v. Napier Bros.

One of the grounds of the motion for a new trial contained an assignment of error upon a lengthy extract from the judge’s charge. In the record transmitted to this court it appears that the judge added to this ground the following note: “Thisis not the complete charge given in this, case, but covers, I think, all that I said upon the point excepted to.” When the case was called in this court a motion was made to dismiss the writ of error, upon the ground that, at the time the motion for a new trial was heard and decided, the note appended to the ground in question was in the following words:…