36 Ind. App. 174 | Ind. Ct. App. | 1905
The appellee sued the appeilant, who has sought to present for our consideration the sixth instruction given to the jury by the court of its own motion. By
If in a particular case the fulfillment of these requirements concerning oral instructions would be impossible or inconvenient, such- difficulty is obviated by the requirement that all instructions shall be in writing unless the parties consent to the giving of oral instructions.
Under the former practice the court might give its instructions orally, unless required by a party to give them in writing. §§542, 543 Burns 1901, §§533, 534 E. S. 1881.
We do not find any available error in any matter properly shown by the record and duly presented in the brief of the appellant. Judgment affirmed.