Darnell v. Wilmoth

Robinsoh, Judge:

In. this action seeking damages for cutting growing timber, plaintiff has judgment, by the verdict of a jury, and defendants challenge the regularity and propriety of the same by writ of error.

A preliminary question is raised: Are the papers and testimony submitted as evidence before the jury, and the instructions given and refused, made a part of the record by proper bills of exceptions? If they are not made a part of the record, we cannot consider the assignments of error, for the assignments all relate to these matters pertaining to the trial. We hold, however, that the…