Southern Express Co. v. VanMeter

The first question which we examine in this case is raised by the last assignment of error.

The defendant asked the court to give twelve instructions. The court ruled as follows:: “All but the first and second of these instructions refused. The first and second given.” The record then continues: “Defendant’s attorneys excepted to the ruling of the court, excepting as to first and second.” Then follows this recital in the bill of exceptions: “The court then gave oral instructions to the jury, saying he would afterwards reduce his instructions to writing.” The plaintiff’s attorney asked the…