Zimmerman v. Merchants & Bankers' Insurance

Granger, J:

Appellee moves to strike from appellant’ s abstract what purports to be the instructions of the court, on the ground that they constitute no part of the record, not having been filed in the cause nor preserved by a bill of exceptions. There is no bill of exceptions in the case, and appellant’s abstract nowhere shows that the instructions were filed, and an additional abstract by appellee states in terms that the pretended instructions set out in the abstract were never written out, signed by the judge and filed in the case. To this *351there is no denial by appellant, and it is to be…