Gill v. Burks

At tlie close of the testimony in this cause the court directed a verdict against appellant, saying: ‘ ‘ Gentlemen of the July, the parties to this suit asked the court to give peremptory instructions in their behalf, so that left the case up to me to decide, . .

The bill of exceptions, signed and approved by the trial judge and included in the transcript filed here, discloses that appellant requested a peremptory instruction in his favor, and also asked an additional instruction which, if given, would have submitted to the jury for its determination one material issue of fact. Other than…