Mills v. Smith

Candler, Justice.

(After stating the foregoing facts.) Before he would approve the brief of evidence in the present case, and over the objection of the movant’s counsel that it had no place in the brief and related to a ruling adverse to the plaintiffs in the trial court, which they should have excepted to and urged by cross-bill, the judge on motion of the plaintiffs’ counsel, required the movant to incorporate this statement in the brief of evidence: “At the conclusion of the evidence, the court stated to counsel that it had prepared a list of questions to submit to the jury and would ask…