Buel v. Munger
Buel v. Munger
Opinion of the Court
By the Court,
The only question sought to be raised on this appeal is, as to the admissibility of the stipulations which were offered by the plaintiff. But we think that the bill of exceptions fails to show that any objection was made or exception taken to their admissibility at the time of the trial. In giving the history of the trial it shows that the stipulations were offered and received in evidence, and nothing is said about any objection or exception by the defendant. It then states the finding of the court and the entering of the judgment, after which it says: '“To which decision, finding and judgment of said court, as well as to the intro
But an objection or exception after the trial and judgment, to evidence offered on the trial, is clearly insufficient. If made in time, the party could perhaps have supplied other-evidence. And it would be productive of great injustice to allow a party to permit incompetent evidence to be received on the trial without objection, and then except to it after-judgment.
For this reason we think the question sought to be raised, is not presented, and the judgment is affirmed, with costs.
Reference
- Full Case Name
- Buel and others v. Munger
- Status
- Published