Parker v. Smith
California Supreme Court
Appeal from the Superior Court of the Oily of San Francisco. The facts of this ease, and the questions of law involved, sufficiently appear in the opinion of the Court. The testimony having been received by the plaintiff without objection at the time, it was too late to make the objection afterwards. (1 Denio, 518; State v. Bodin, 4 Cow. 855.) Objection was made after the cross-examination; the objection did not come too late. (1 Greenleaf Ev. § 421, ei seq.; 1 Stark.
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Appeal from the Superior Court of the Oily of San Francisco. The facts of this ease, and the questions of law involved, sufficiently appear in the opinion of the Court. The testimony having been received by the plaintiff without objection at the time, it was too late to make the objection afterwards. (1 Denio, 518; State v. Bodin, 4 Cow. 855.) Objection was made after the cross-examination; the objection did not come too late. (1 Greenleaf Ev. § 421, ei seq.; 1 Stark. Ev. 124; 2 Camp. 14; 2 Swan, 400; 1 Phil. Ev. p. 13.)
1Opinion of the Court
Mr. Ch. J. Murray
delivered the opinion of the Court.
Mr. J. Heydeneeldt concurred.
On the trial of this cause, one of the witnesses deposed to a state of facts which, upon his cross-examination, proved to be hearsay evidence, and wholly inadmissible; whereupon the Court ordered the testimony of the witness to be stricken out and instructed the jury to disregard it.
The appellant assigns this as error; first, because the testimony was not objected to, in limine, by the respondent; and, second, because the Court, of its own motion, ruled it ■out.
The objection is not well taken. The respondent…
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- Spotswood v. SpotswoodCalifornia Court of Appeal · 1907
- Bodholdt v. GarrettCalifornia Court of Appeal · 1932
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