Carpenter v. Ewing

Citations

• 76 Cal. 487
• 18 P. 432
• 1888 Cal. LEXIS 915

Syllabus

<p>Instructions — Application to Evidence — Appeal — Objection foe First Time. — If a case is tried upon the theory that certain evidence is admissible under the pleadings, and such evidence is offered and received without objection, it is the duty of the court to instruct the jury upon the law of the case as presented by the evidence, and the losing party cannot raise an objection to such evidence, or to the instructions applicable thereto, upon appeal for the first time.</p> <p>Id.—Peesumption as to Instructions. — When none of the evidence appears in the record, it will be presumed to have justified the instructions, and the judgment will not be disturbed on account of alleged error in the instructions, unless it appears that they would have been erroneous under every conceivable state of facts.</p>