Gerry v. Neugebauer

The record does not sustain the plaintiff’s contention that the defendant failed to protect his rights. It is true that the defendant was not “aggrieved” (P. L., c. 315, s. 8) until the prejudicial matter objected to had been received in evidence. See Beaudette &c. Co. v. Therrien, 81 N. H. 117, 118; Small v. Saunders, 81 N. H. 520. The better practice called for a renewal of the defendant’s objection, a ruling thereon, and formal exception thereto. No particular formula, however, is essential to the saving of an exception to a ruling, so long as it appears from the whole record that the…