Rouse v. Fussell

Nichols, Presiding Judge.

Special ground 1 of the amended motion for new trial assigns error on the admission of certain evidence, a hypothetical question, over objection. The ruling of the court was as follows: “I think it is admissible. If the facts as he stated them don’t appear in the record, I, of course, will rule the evidence out; now though subject to that, I am going to allow it.” No subsequent motion to rule out the evidence appears. “Where the court conditionally admits evidence, reserving a final ruling upon its competency until a later stage of the trial, it is not to be. expected…