Freeze v. DePuy

The only alleged error of the court below, assigned by the appellant in this court, is thus stated:

“ The court erred in refusing charges asked to be given by the plaintiff to the jury.”

This alleged error presents no question whatever for our consideration. The matter stated therein was a proper cause for a new trial, in a motion therefor addressed to the court below; but it can not be assigned as an independent error in this court. This rule of practice has long prevailed in this court, and is so well established that it needs no citation of authorities to support it. “ The assignment of the…