Bedan

Action of criminal conversation. Judgment was rendered in favor of the defendant, and the plaintiff has appealed, assigning certain errors of the court in its instructions to the jury.

The respondent makes a preliminary objection to the consideration of these errors upon the ground that the appeal is taken from the judgment alone, whereas the rulings are only found in a “ bill of exceptions on motion for a new trial.” Section 950 of the Code of Civil Procedure, however, provides that “on an appeal from a final judgment the appellant must furnish the court with a copy of the judgment roll, and of any bill of exceptions or statement in the case upon which the appellant relies. Any statement used on motion for a new trial, or any bill of exceptions sdtled, may be used on appeal from a final judgment equally as upon appeal from the order granting or refusing the new trial.” The fact that the bill of exceptions in the present case is entitled a “bill of exceptions on motion for a new trial” is immaterial.

It is also urged by the respondent that inasmuch as the bill of exceptions does not purport to contain all the evidence before the court below, the instructions given by the court…