Murray v. Burd

Pound, C.

As the bill of exceptions has been quashed, we have only to .consider two assignments of error, relating to the instructions of the court. The trial court did not state the issues, but merely told the jury that the defendant, who admitted execution and delivery of the note sued on, must prove the “material allegations” of the answer, in which he set up an affirmative defense, by a “fair preponder*428anee of the evidence.” There was no statement as to what allegations were material, nor as to what issues were raised upon the answer. Undoubtedly it is the duty of the trial court to state…