
    Powell v. Pierce and Another.
    
      Saturday, December 11.
    APPEAL from the Tippecanoe Court of Common Pleas.
    
      G. S. Orth and J. A. Stein, for the appellant.
    
      H. W. Chase and J. A. Wilstach, for the appellees.
   Per Curiam.

Suit by the appellant against the appellees, to recover the value of a kettle, delivered as per order of the defendants. Answer in denial. Trial by jury; verdict and judgment for defendants. Motion for new trial overruled.

The errors assigned are — 1. The refusal of the Court to give instructions asked. 2. The refusal to grant a new trial.

There is some evidence set out in a bill of exceptions; but it is not alleged that “this was all the evidence given in the cause,” in accordance with the 30th rule; and, therefore, we must presume that the instructions refused, on the supposition that they were abstractly correct, were irrelevant. The N. A. and S. Railroad Co. v. Callow, 8 Ind. R. 471.

For the same reason, we cannot examine the correctness of the ruling on the motion for a new trial .

The judgment is affirmed with costs. 
      
       See the next preceding case.
     