¶1delivered the opinión of the Court.
¶2Pelagie Boyer sued Louis Bompart in the Court of Common Pleas of St. Louis county, where judgment being given for her, B&mpai-t appealed to this Court.
¶3Much evidence was given on each side, and two instructions asked by the appellant were refused. No exception was taken to the refusal of the court to give these instructions.
¶4The court, after the evidence was given in, gave several instructions, none of which were excepted to. After the jury had brought in their verdict, the defendant moved the court for a new trial, for the usual reasons: First, that the *235verdict is against evidence, and against the instructions of the court; and the court gave erroneous instructions, and refused the defendant’s instructions.
¶5In the first place, as these instructions given were not excepted to, and as the refusal to give the defendant’s instructions was not excepted to, it must not now be expected to reverse the judgment of the Court of Common Pleas on that account.
¶6There was much conflicting evidence, and all the instructions given by the court were hypothetical.
¶7It is impossible for this Court to know what the jury believed. They might well have believed facts to justify their finding, under the instructions of the court.
¶8The verdict of the jury appearing to be supported by the evidence in the cause, and no exceptions being taken to the giving or refusing of instructions by the Court of Common Pleas, the judgment must be affirmed.