43 Ind. App. 506 | Ind. Ct. App. | 1909
The appellee brought an action in the court below to recover damages for a personal injury alleged to have been caused by the negligence of appellant.
Issues were formed, a trial had, resulting in a verdict and judgment in favor of appellee, from which judgment an appeal was taken to this court and is now pending.
All of the instructions, both those given and those refused, were ordered filed by the court. Long after the close of the term at which the judgment was rendered, and after the appeal had been taken therefrom to this court, the appellant filed in the court below his petition for the alleged correction of the record of the court in said cause, by which he sought to make the record show a compliance with the statute before referred to, in reference to the court’s indicating, by a written memorandum at the close of the instructions tendered, the numbers of said instructions given and those refused, and the signature of the judge to such memorandum.