Wingate v. McNamar

— The instruction to the jury, which the appellant argues was erroneous, does not appear in the record in any manner known to the law. It is not embodied in a bill of exceptions, nor does it appear as the statute provides it may. 2 G. & H., §§ 324, 325, p. 198; Newby v. Warren, 24 Ind. 161. We cannot, therefore, consider this question thus sought to be presented. We cannot forbear remarking that a transcript so badly made up as this is, it is to be hoped will not again be filed in this court.

The suit was for the breach of a contract to carry, tri*482weekly, the United States mail upon a certain…