Baird

This is an action to recover the possession of land. The case was tried with a jury. The verdict was for the plaintiffs. The defendants moved for a new trial, which was denied. The defendants have made a number of points, which we shall consider very briefly in the order in which they have been presented.

1. If the court below erred in not allowing the challenge for cause to the juror Brownstone, the error was without prejudice. He was subsequently challenged peremptorily, and the defendants were not prejudiced by being compelled to use one of their peremptory challenges in his case, for they had a peremptory challenge left after the jury had been formed and accepted.

*494 2. "Whether the court erred in overruling the defendant’s objection to the questions put to the witness Byfield, as to what knowledge he had of exhibit £IB” — the Gardiner survey —and how he came to employ Curry to build the fence, we are unable to determine. The statement fails to show what answers were made by the witness to either question. If the defendants were prejudiced, the prejudice came from the answers and not the questions. Without the answers of the witness, in such cases, the bill of exceptions,…