Letter v. Putney
California Supreme Court
Appeal from the County Court of Nevada County. On the trial of this ease in the Court below, certain instructions were refused, and certain other instructions given, without exception by either party. The jury having found a verdict for the plaintiff, the defendants then, for the first time, excepted to the action of the Court in refusing and giving the instructions. Motion for new trial was overruled, and judgment entered for plaintiff. Defendants appealed.
1Opinion of the CourtBurnett, J.
It was decided by this Court, in the case of Posten v. Rassette and others, 5 Cal. R., 468, that an objection to the form of a deed must be made on the trial at nisi prius. So it was also decided in the case of Pearson v. Snodgrass, 5 Cal. R., 478, that an exception must be taken in the Court below, to the admission of a deed in evidence, otherwise the point cannot be considered on appeal. And in the case of Covillaud v. Tanner, decided at the last January Term of this Court, it was held that a party consenting to admit evidence, subject to all legal exceptions, thus devolving on the Court…
2Cited by2 opinions
- Lobdell v. HallNevada Supreme Court · 1867
- St. John v. KiddCalifornia Supreme Court · 1864