Bourland v. Board of Supervisors

Citations

• 60 Miss. 996

Syllabus

<p>Appellate Practice. Exception. Recital.</p> <p>A transcript from a Circuit Court, which contains the instructions marked according to the statute, a bill of exceptions'embracing all the evidence, a motion for new trial for specified errors in giving and refusing charges, and an order overruling the motion, is insufficient to enable the Supreme Court to consider errors assigned in the instructions in the light of the evidence, unless there is in the record an express recital of exception to the lower court’s action on the instructions or on the motion for a new trial.</p>