Bodenheimer v. Bodenheimer

CAMPBELL, Judge.

The case on appeal certified to this Court contains none of the evidence presented at the trial; it does contain the record proper and the trial court’s charge to the jury.

In this appeal the defendant has asserted two assignments of error: (1) that the trial court erred in failing to review any of the evidence presented in the trial, as required by Rule 51 of the rules of procedure; and (2) that the court erroneously instructed the jury as to the law regarding the requisite mental capacity to execute a deed.

Rule 51 requires the trial judge to perform two positive acts: (1) to…