O'Berne v. Robins

Waterman, P." J.

In this cause the clerk of the court below, by direction of the parties, instead of making a copy of the bill of exceptions, inserted it as a part of the record. Thp bill of exceptions does not contain the instructions given or refused, or the points in writing filed by appellant, specifying the grounds of the motion for a new trial; 'it contains merely the direction “ here insert. ” Papers marked “ instructions given,” and others marked “ refused, ” are placed in the record of the statement of the evidence. These are not preceded or followed by a statement that they are…