
    JAMES WALTON v. J. C. HINNAU.
    APPEAL BY DEFENDANT FROM THE COURT OF COMMON PLEAS NO. 2 OF ALLEGHENY COUNTY.
    Argued October 28, 1891
    Decided January 4, 1892.
    Before Paxson, C. J., Sterrett, Green, Clark, Williams, McCollum and Mitchell, JJ.
    No. 101 October Term 1891, Sup. Ct.; court below, No. 55 October Term 1889, C. P. No. 2.
    On July 15, 1889, James Walton brought ejectment against J. C. Hinnau, to recover a parcel of ground in the Tenth ward, Allegheny City. Issue.
    At the trial, on January 16, 1891, before Magee, J., the jury returned a verdict for the plaintiff for the land described in the writ, and for thirty-six dollars mesne profits. A rule for a new trial having been discharged and judgment entered, the defendant took this appeal.
    Error was assigned to the charge and to the answer to one of defendant’s points, but the portions of the charge and the point and answer were not quoted totidem verbis in the specifications, as required by Rule XXIII. Error was assigned, also, to the rejection of a witness offered, but the specification did not quote the full substance of the bill of exceptions, or copy the bill in immediate connection with the specification, as required by Rule XXIY. The first and last specifications were the following:
    1. The court erred in stating to the jury that L. R. McAboy, in his deed to James H. Graham, dated February 18,1871, and recorded March 1,1871, for said purpart No. 2 excluded therefrom the half acre iu dispute.
    10. The court erred in reading to the jury and passing upon the points of the defendant, before giving the general charge to the jury.
    
      Mr. T. Walter Day, for the appellant.
    
      Mr. J. S. Ferguson (with him Mr. F. Gf. Ferguson), for the appellee.
   Pee Curiam:

Judgment affirmed.  