Davis v. Vaughn

The appellants present for decision numerous assignments of error based upon grouped exceptions pertaining to kindred subjects. The Court so treats such of them as seem to merit particular expression.

Assignments of error Numbers 1, 2 and 3 are based upon exceptions of like numbers to the action of the trial judge in overruling objection to question asked certain witnesses as to the mental condition and capacity of Eldora Hiatt Vaughn.

These exceptions are untenable for two reasons: (1) The issue as to mental capacity was withdrawn, and the matter to which objection is made became immaterial.…