Bowden v. Bowden

Plaintiff’s assignments of error are based on exceptions to the charge. The crucial question is whether the trial judge erred in instructing the jury peremptorily to answer the issues in favor of the original defendants if they found the facts “to be as all of the evidence tends to show,” without instructing, them that if they failed to so find they should answer the issues in favor of plaintiff and the additional defendants.

All of the evidence pertinent and material to the issues raised by the pleadings, except documentary evidence, was stipulated by the parties. The admissibility, content…