Windsor v. Hearn

Wolcott, Chancellor,

delivering the opinion of the Court:

We do not find in the record of this cause any assignment of errors as required by Rule 20 of this Court. No point, however, has been made of the matter, and we accordingly pass it by. In the bill of exceptions grounds appear as laid in support of the two items of error presented and discussed on the briefs, and we proceed to an examination of them as fully as if they were formally assigned as error.

The first ground relied upon as showing error consists in the action of the court below in charging the jury as follows:

“We have heretofore,…