Marshall v. . Stine

17 S.E. 495, 112 N.C. 697

• Court: Supreme Court of North Carolina
• Decided: February 5, 1893
• Status: Published

Opinion

Clark, J.:

The appellants asked the Court verbally for an instruction to the jury. The failure to grant a prayer for instruction not asked in writing is not ground for exception. The Code, §415. Besides, if the prayer had been asked in writing, though the failure to give it is deemed excepted to, the exception would have been waived, as it is not set out in the case on appeal, and we could not pass upon it. Taylor v. Plumber, 105 N. C., 56.

No exception of any-kind appears in the case on appeal, and no error appears upon an inspection of the record proper. The judgment below must be

Affirmed.