Triplett v. Nichols

Sims, P.,

after making the foregoing statement, delivered. the following opinion of the court:

Among the assignments of error are the following:

“That the court erred in giving instruction No. 2 * *; (and)

“That the court erred in refusing to give instructions A and B, asked for by the defendant.”

The instructions mentioned appear in the bill of exceptions copied above.

Before considering the questions presented by these assignments of error, however, it will be necessary for us to dispose of a question raised by counsel for the plaintiff in oral argument, which is as follows:

1. Does the bill of…