Coleman v. Gilmore

Citations

• 49 Cal. 340

Syllabus

<p>Striking Documents from the Recobd.—A verdict of a jury and order modifying it printed in a transcript, which form no part of a statement on motion for a new trial, and which were not before the Court when the motion was heard, will be stricken from the record in the Supreme Court.</p> <p>Specifications in Statement.—A statement on motion for a new trial made before the code took effect, Inust, if it is claimed that the verdict is against the evidence, specify the particulars wherein it is claimed that the evidence is insufficient.</p> <p>Exception to Charge of Court.—A statement made by counsel to the official reporter, when the Court charges the jury that he wishes it understood that he saves an exception to the charge, does not amount to an exception, even if it was assented to at the time by the opposing counsel.</p> <p>Litem.—Even if counsel for the respective parties may, by consent, reserve the right to except to the charge of the Court to a jury, this consent is of no avail unless the exception is contained in the statement on motion for a new trial.</p>