Cates v. Thayer

— The first proposition argued is that the court refused to compel the appellee to answer interrogatories propounded to him by the appellant. In our opinion this question is not properly presented. Such a question should be reserved by exception duly taken at the time the ruling is made, and the assignment in this court should be founded on the ruling. This was expressly decided in Reed v. Spayde, 56 Ind. 394, the court saying: “ The question is not properly presented. If an error was committed, it was not an ‘ error of law occurring at the trial.’ It is obvious that a new trial would not…