Supreme Lodge of the Masons' Annuity v. Gardner

1. The only assignment of error in the bill of exceptions is upon the overruling of the motion for a new trial. The ground of the motion which complains of the overruling of a motion to strike certain paragraphs of the plaintiff’s petition can not be considered by this court. This was matter for direct exception, and could not properly be made a ground of a motion for a new trial.

2. There was no error in the admission of the evidence complained of in the 2d special ground of the motion for a new trial.

3. No material error appears in any of the instructions excepted to, when they are…