Coker v. Hayes

Citations

• 16 Fla. 368

Syllabus

<p>1. It is the rule of the Code, as well as of the common law practice, that a party cannot, during the progress of the trial, rely with confidence on the strength of his case, take no exception to matters as they occur, or to the charge of the court as given, and afterwards claim the right, either through a motion for a new trial, or otherwise, to have matter already acquiesced in and accepted by, him reviewed in an Appellate Court.</p> <p>2. A simple objection to a question when asked, without an exception to the ruling if the objection is overruled, presents a case of abandonment of the objection. To make such a point available, it is necessary that an exception should be distinctly taken, and placed upon the record.</p> <p>3. A leading question should be permitted only when it appears essential to justice; where a witness is persistently unwilling, or biased, or there exists some like reason, the court should allow it. In some cases a party may and should be permitted to lead his own witness. This matter, however, is in the discretion of the court. It is not ground of error, and Appellate Courts universally refuse to review such exercise of discretion.</p> <p>4. After a witness has been examined in chief, and is recalled in rebuttal, the court may, very properly, prevent a simple repetition óf his testimony. A party after his examination of a witness, and after closing his testimony, has no absolute right to recall this witness to establish matters not in rebuttal. Whether this rule ought to be varied is a question for the Circuit Court, and an Appellate Court, if it interferes at all, should only do so where it sees that injustice has been done through this action.</p> <p>5. Questions leading to testimony apparently not pertinent to any issue are properly overruled.</p> <p>7. Where, upon the face of the record, a question clearly open to the objection that it is leading and suggestive is rejected, and no ground for its rejection appears upon the record, the ac