6 Mont. 10 | Mont. | 1886
This is an appeal from a judgment rendered against the appellant, Nelson Murray, and from an order which it is claimed overruled his motion for a new trial. Upon an examination of what purports to be a statement on motion for a new trial, we do not find either a motion for a new trial, or a notice of such motion. After this statement we find in the record the following order: “And on the 2d day of January, 1885, said motion coming on to
The statement on motion for a new trial in this case is in precisely the same condition, and the above language is applicable to it in every particular. We cannot, therefore, consider the statement on motion for a new trial. There is no error apparent in the judgment roll. There is, indeed, what purports to be an exception to all the instructions given by the court to the jury, for the reason that the same did not state the law applicable to the case, and were calculated to mislead the jury. But this is not a bill of exceptions as contemplated by the law in relation to what shall constitute the judgment roll. B. S. 1st div. sec. 294. It is not signed by the judge who tried the cause. Id. sec. 816. It is not stated with the evidence, which is necessary to show the application of such instructions, or explain the exception. Id. sec. 282; Territory v. Bell and Lane, 5 Mont. 562. In McKinstry v. Clark & Cameron, 4 Mont. 370, this court said: The law requires the parties to a suit, desiring to except to this action of the court, to specify the same in writing as to each instruction, and the objection to the same, so that the court may know whether the objection exists to the modification, or the giving, or the refusal of the court to give, the instruction. A general objection to each and all of the instructions that they are not law, or are misleading to the jury, is not enough.
We see no question in this record which we can consider.
The judgment is affirmed, with costs.
Judgment affirmed.