...court erred in overruling the plaintiff's objection to this testimony. 9. The next assignment alleges that the court erred in refusing to instruct the jury, as requested by the plaintiff, in the first instructions moved, and in the contrary instructions given, as stated in the...

...The court below erred in excluding the evidence offered by the defendant below. VI. The court below erred in refusing to instruct the jury as requested by the defendant below. By order of the District Court, the patent was produced for the inspection of this court, and...

...should give a bond to that effect. (3.) That the instructions given to the jury were erroneous. (4.) That the court erred in refusing to instruct the jury as requested by the defendants. 1. Cases arise undoubtedly in which the testimony of expert witnesses is admissible to...

...question of fact to be determined by the jury. Wright v. Phillips, 2 G. Greene, 191. It is objected that the court erred in refusing to instruct the jury as requested in relation to the descent and bequest of property by will, but under the circumstances we think the...

...competent, the defendants could not have been prejudiced by their admission in evidence. It is insisted that the court erred in refusing to instruct the jury as requested in regard to the wheat owned by Blake. It appeared from the evidence, that on the 1st of June, 1864,...

...and judgment were finally rendered in favor of the plaintiff. A motion for a new trial, on the ground that the court erred in refusing to instruct the jury as requested, for error in the charge given, and that the verdict was contrary to the evidence and law, was made...

...authorities cited in Croco v. Oregon Short Line Ey. Co., 18 Utah, 311. The contention of appellant that the court erred in refusing to instruct the jury as requested by defendant involves the request of defendant to return a verdict in its favor by reason of a so-called...

...upon the witness stand, and was therefore properly admitted in rebuttal. 2. The second objection is that, "The court erred in refusing to instruct the jury as requested by defendant, that if in the hurry of the moment, or in a moment of forgetfulness, the plaintiff attempted...

...court was given by GASTOK, J., and a new trial was ordered upon the ground that the court below had erred in refusing to instruct the jury as requested by the defendant, " that if there was an understanding between Dwight (the grantor) and the plaintiff (the trustee) that...

...detention within the statute. 2. ASSIGNMENT ov Ennoiw— SUFFICIENCY. An assignment of error asserted that the court erred "In refusing to Instruct the Jury as requested by the said defendant, a copy of which instructions, so requested and refused, with the ruling of the court,...