Podesta v. Deluchi

The appellants have moved for an order for diminution of the record asking that they be permitted to file a modified bill of exceptions for the purpose of including therein instructions requested by either party to the action whether given or not given and all instructions given by the trial court of its own motion.

The appeal was taken on a bill of exceptions which was settled after hearing of proposed amendments thereto on April 20, 1928. At the time of the settlement of this bill the instructions which are now sought to be included were expressly omitted and the parties stipulated that the…