Galloway v. McLean

According to section 248 of the Code of Civil Procedure, when instructions are asked which ¿he Judge cannot give, he shall write on the margin thereof the word, “refused,” and such as he approves, he shall write on the margin thereof “ given.” *373And it is further provided that all instructions asked for by counsel shall be given or refused by the Judge, without modification or change, unless such modification or change be consented to by the counsel asking the same. Thus a very important right is given to a suitor, of which he cannot be deprived, until the constitutionality of the enactment be…