Clark & Perkins v. Gridley

Citations

• 35 Cal. 398

Syllabus

<p>Objection to Testimony.—Objections to the reception of testimony, whether parol or in the form of depositions, must be made at the trial, and cannot for the first time be raised on motion for new trial. The absence of the party against whom the evidence is offered makes no difference in the rule.</p> <p>Testimony as to Account.—It is permissible for a witness to testify to the result of the items of an account, rather than to the items and facts from which the result arises, unless objection is made to this form of testifying.</p> <p>Statement on Motion for New Trial.—The presumption is that all the testimony is included in a statement on motion for new trial, unless the contrary appears.</p> <p>New Trial Granted Unconditionally.—If the statement shows that too high a rate of interest was allowed by the jury, upon an account sued on, for a part of the time, a new trial will be granted unconditionally, unless it appears that plaintiff had not kept his account for the residue of the time upon the erroneous basis of interest, and he will consent to remit the excess.</p>