DeFroscia v. Norfolk & Western Ry. Co.

Robinson, President:

The alleged errors relate to the evidence and to certain instructions, neither of which are properly in the record. No order of the court in term has put into the record the bill of exceptions embracing the evidence adduced at the trial and the instructions given to the jury. Nor has any order of the judge in vacation, certifying to the clerk, done so. The plaintiff in error by an order in term was given thirty days in which to take his bill of exceptions; but there is nothing to show that he did take it in that time. The vacation order of the judge certifying to the…