Corkery v. O'Neill
Corkery v. O'Neill
Opinion of the Court
Opinion by
This action was brought to recover a balance alleged to be due on a large number of oral contracts, under which the plaintiff had done plastering upon a score or more buildings. At the trial the principal facts disputed were: first, whether the plaintiff was to furnish the materials for the work upon four of
The fifth and sixth assignments are simply complaints against the order in which evidence was introduced. After the defendant had closed his testimony the court, against the objection of defendant, permitted the plaintiff' to answer the two questions complained of, exceptions were taken and this action of the
The remaining assignments of error are founded upon nothing. They attempt to assign for error parts of the charge of the court; whereas the record showed neither an exception to the charge, nor a request that the court order the charge to be filed of record. Such assignments cannot be considered: Curtis v. Winston, 186 Pa. 492.
Judgment affirmed.
Reference
- Full Case Name
- Thomas Corkery v. Charles O'Neill
- Cited By
- 4 cases
- Status
- Published
- Syllabus
- Evidence — Objection to question as leading must be specific. Even if a question, the admission of which is objected to, was leading, no advantage of that can be taken in the appellate court unless it appears by the record that the specific objection was made at the time, so that the examining party might have an opportunity to change the form of his interrogatory. Evidence — Orderly introduction of defendant's case. Where the defendant is called by the plaintiff for cross-examination, it is not error for the trial judge to refuse to permit defendant’s endeavor to introduce his main defense by examination on matters which his examination by plaintiff had not opened up; more especially when the defendant was permitted fully to testify upon the matters in question when the time came for putting in his defense in an orderly manner. Order of testimony — Discretion of court — Review. The order in which evidence is introduced is matter within the discretion of the court below, and is not subject to review by the appellate court. Appeals — Defective assignments — Charge of court. Assignments are defective which challenge parts of the charge of the court, where the record shows neither an exception to the charge, nor a request that the court order the charge to be filed.