Hoxsie

after the foregoing statement of facts, delivered the opinion of the court.

The defendants, in offering the papers in the case of "Hoxsie v. Nodine in the so-called “municipal court” at Anvil City, did not offer them as the evidence of an adjudication in a de facto court, nor as the evidence of proceedings in arbitration and award, and the objection to the *161 ruling of the court in admitting the papers in evidence for the sole purpose of reducing damages or rebutting the evidence or inference of malice, gross negligence, or oppression on the part of the defendants, does not distinctly and specifically present the question whether the papers were admissible for the other purpose indicated, and we express no opinion upon that subject.

Among the errors assigned are the refusal of the court to instruct the jury to return a verdict in favor of the defendant Muther, or to grant a nonsuit in his favor, or to dismiss the action as to him, and the instruction of the court to the jury that the defendant Muther was equally liable with the other defendants. The absence of testimony tending to show that the defendant Muther was a joint trespasser in the proceedings against the plaintiff,…