40 Ind. App. 348 | Ind. Ct. App. | 1907
This action was originally commenced by appellees against appellant before a justice of the peace to recover damages for an alleged wrongful and negligent injury to a shade tree upon appellees’ premises in the city of Muncie, Indiana. Appellees were unsuccessful before the justice of the peace, and took an appeal to the circuit court, where a trial before a jury was had, resulting in a verdict and judgment in their favor.
Appellee insists that the instructions are not a part of the yecord, and therefore no question as to either set of instructions is presented. It is apparent that if any question on the instructions, either as requested or given, is presented, it is by force of section one of “an act concerning proceedings in civil procedure,” approved March 9, 1903 (Acts 1903, p. 338, §544a Burns 1905). By this section it is pro
The record before us does not disclose any order-book entry or memorandum of the court, signed or unsigned by the judge, referring to the instructions so requested. It does show that certain instructions were given by the court and signed by the judge. There is no order-book entry or other
Section one of the act referred to (§544a, supra), clearly designates what shall be done by the trial court, the party or his counsel, if the instructions requested and refused or instructions given are to become a part of the transcript on appeal. It is apparent from the record that no attempt has been made to save any question on any of the instructions, either requested or refused or given under said act.
Judgment affirmed.