Greenabaum v. Millsaps

Decided April 15, 1883

Supreme Court of Missouri · decided 1883-04-15

<p>Instructions: must appear in the record. Unless the instruction® given for respondent appear in the record, this court cannot inquire into the correctness of the action of the trial court in refusing instructions asked by appellant.</p>

Cited by 10 later decisions — most recently May 1899

10 state decisions

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1883-04-15

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Sherwood, J.

¶1We are prevented from any examination into the propriety of refusing the second and third instructions asked by the plaintiff, by reason of the fact that the instructions given for the defendants are not preserved in the bill' of exceptions. What those instructions, were we can only conjecture. Presumptively they embodied correct views of the law, and besides, the instructions given on behalf of the defendants, may have covered the ground embraced in the instructions refused the plaintiff.

¶2Therefore judgment affirmed.

All concur.