...court erred in overruling the plaintiff's objection to this testimony. 9. The next assignment alleges that the court erred in refusing to instruct the jury, as requested by the plaintiff, in the first instructions moved, and in the contrary instructions given, as stated...

...testimony. The fourth instruction submitted this conflict in evidence to the jury. V. The last ground of the motion for a new trial was that the court erred in giving instruction numbered two of its own motion. This instruction was substantially the same as instruction...

...and no exception was taken that the court omitted so to charge without request. The complaint made* in the motion for a new trial was, that the court erred in its charge ; not that it failed to charge either with or without request ; and hence, although it may...

...should give a bond to that effect. (3.) That the instructions given to the jury were erroneous. (4.) That the court erred in refusing to instruct the jury as requested by the defendants. 1. Cases arise undoubtedly in which the testimony of expert witnesses is admissible...

...question of fact to be determined by the jury. Wright v. Phillips, 2 G. Greene, 191. It is objected that the court erred in refusing to instruct the jury as requested in relation to the descent and bequest of property by will, but under the circumstances we think the court...

...competent, the defendants could not have been prejudiced by their admission in evidence. It is insisted that the court erred in refusing to instruct the jury as requested in regard to the wheat owned by Blake. It appeared from the evidence, that on the 1st of June, 1864, Robinson...

...and judgment were finally rendered in favor of the plaintiff. A motion for a new trial, on the ground that the court erred in refusing to instruct the jury as requested, for error in the charge given, and that the verdict was contrary to the evidence and law, was made...

...previously given. Zouker v. Wiest, 169 7. Cross- Examination of Plaintiff. — Where the cause assigned in a motion for a new trial was, that the court erred in refusing to permit a question to be asked the plaintiff on his cross-examination, and there was no evidence showing...

...properly admitted and a new trial should not have been granted on that ground. 6. Another ground taken in the motion for a new trial was that the court erred in admitting the testimony of the witness, Ellen Hill, proving certain declarations of the testator. These...

...seriously contend that the return could be impeached in this collateral proceeding. The sixth reason for a new trial was: "That the court erred in refusing to allow the defendant to prove by Timothy Splalm, the plaintiff in the case of Timothy Splahn against...