Covillaud v. Tanner

Citations

• 7 Cal. 38

Syllabus

<p>Objections to the introduction of evidence must be taken on the trial below, and, unless so taken, cannot be assigned as error, on appeal.</p> <p>A party cannot, by consenting to admit evidence, “subject to all legal exceptions,” absolve himself from the necessity of taking exceptions to the relevancy or sufficiency thereof, and devolve the responsibilty of discovering whatever objections may exist, on the Court below, and, after fishing for a verdict, for the first time assign his objections in the Supreme Court.</p> <p>Where no motion for a new trial is made, this Court cannot examine the evidence to see whether it warrants the findings.</p> <p>One of several tenants-in-common has a right to sue alone for his moiety.</p>