Parker v. Smith
Cases that cite this one
5 later published cases cite this decision.
- Schubkegel v. Dunn (Cal. Ct. App. 1939)
- Bodholdt v. Garrett (Cal. Ct. App. 1932)
- E. Martin & Co. v. Brosnan (Cal. Ct. App. 1912)
- Kimic v. San Jose-Los Gatos Interurban Ry. (Cal. 1909)
- Davey v. Southern Pacific Co. (Cal. 1897)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
delivered the opinion of the Court.
On the trial of this cause, one of the witnesses deposed to a state of facts which, upon his cross-examination, proved to be hearsay evidence, and wholly inadmissible; whereupon the Court ordered the testimony of the witness to be stricken out and instructed the jury to disregard it.
The appellant assigns this as error; first, because the testimony was not objected to, in limine, by the respondent; and, second, because the Court, of its own motion, ruled it ■out.
The objection is not well taken. The respondent could not know the witness’ means of information, until he was subjected to a cross-examination, and ought not to be required to except * to testimony before it
The right of the Court to interfere is also undoubted. The testimony was clearly improper. The duty of the Court is not confined to passing upon such portions of testimony as may be excepted to, but extends to the preservation oí the rights of litigants, and a proper disposition of the matters in controversy.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.