Hersleb v. Moss

ON PETITION POR A REHEARING.

Elliott, J.

— The judgment in this case was reversed on the 25th of January last. The case is presented to us again on a petition for rehearing. It was reversed on the evidence, in connection with an error in the instructions given *358by the coui’t to the jury. A rehearing is urged on the ground that the exception to the instrjictions of the court Avas not properly taken, and that the instructions should therefore not have been noticed by this court. The exception Avas taken by a bill of exceptions? duly alloived and signed by the judge before Avhom the cause Avas…