Melville Fuller

“ The court instructed the jury to find for the defendant, without notice to plaintiff's counsel that the requests would not be given, and there was no opportunity for counsel to except to the failure of the court to charge as requested until the instructions were given to the jury. The exceptions, therefore, contained in Nos. 1, 2, 3, and 4 were not taken or noted during the trial.' But the bill of exceptions also states: ' (5) The court instructed the jury to return a verdict for the defendant. ”