Drinkout v. Eagle Machine Works

— This is an appeal under section 650 of the code of 1881, upon the question of the correctness of instructions to the jury. So much of said section as applies to an appeal in such case is contained in the proviso, reading as follows: “Provided, That when in any case an appeal is prosecuted upon the question of the correctness of instructions given or refused, or the modifications thereof, it shall not be necessary to set out in the record all the evidence giveD in. the cause, but it shall be sufficient in the bill of exceptions to set out the instructions or modifications excepted to, with a…