Chester v. Bower

Citations

• 55 Cal. 46

Syllabus

<p>Evidence—Party in Interest—Proof of Record—Exclusion of Witnesses.—A party in interest, though not a party of record, should be allowed to be present at the trial, and should therefore be excepted from an order excluding witnesses from the court-room during the trial.</p> <p>Id-—Declarations—Objections to Evidence.—It is not error for the Court to refuse to strike out evidence, some of which is admissible. The motion should be directed exclusively to the objectionable testimony.</p> <p>Id.—Materiality of Evidence.— Certain evidence, stated in the opinion, held to have been rightly excluded, as immaterial.</p> <p>Instructions — Exception—Sale—Change of Possession—Eraud as to Creditors.—The instruction, appearing in the statement, was given by the Court. Held, that—in the absence of an. exception—the instruction could not be reviewed: and held further, that the instruction did not appear to be erroneous or calculated to mislead the jury.</p>