Fox v. Lynch

SHERICK, PJ.

It is claimed that the trial court erred in certain remarks to the jury immediately after or during the statement of the case, in that he therein limited the issue to the question whether the testator made the will and whether he had sufficient mental capacity, and then said that certain testimony as to whether or not the testator was a drinking man would not be received. It is also charged that the trial court caused the stenographer to elide from the record certain exceptions attempted to be saved by the plaintiffs and also certain remarks of the court made in the presence of…