Weiss v. John Hancock Mutual Life Insurance

In this case defendant’s “Certificate of Attending Physician' at Death” was offered in evidence and was taken subject to plaintiff’s objection; the court added: “We will submit the whole thing at the end of the trial.” Plaintiff excepted. Defendant never procured a ruling. The court did rule on the hospital records at the close of the trial. The important question relates to whether the certificate is in evidence. I do not think it is.

In Perkins v. Morse, 30 Minn. 11, 14, 13 N. W. 911, 14 N. W. 879, it was held that “received subject to the objection” meant that the court

“took the evidence…