Hansen v. Miller

Citations

• 145 Ill. 538
• 32 N.E. 548

Syllabus

<p>1. Evidence—calling out a conversation on cross-examination of plaintiff. Where a defendant calls out of the plaintiff on cross-examination a part of a conversation, this will not entitle him to go into the whole of the conversation on such cross-examination.</p> <p>2. The rule is familiar that the cross-examination of a witness should be confined to matters to which he has testified on his direct examination, and there is no reason why the rule should not apply to the examination of a party as a witness the same as to other witnesses.</p> <p>3. Appeals and Writs op Error—:finding of Appellate Court—assigned as error in the Supreme Court. Where a cause is tried by the court without a jury, and no propositions are submitted to be held as the law, the finding of the trial and Appellate Court upon the evidence can not be assigned for error in this court.</p> <p>4. Same—assigning errors in Supreme Court—not assigned in Appellate Court. Where the ruling of the trial court in sustaining an objection to a question on cross-examination is not assigned for error in the Appellate Court, it can not be considered by this court. The Appellate Court is required to pass upon only such errors as are assigned on the record before it, and its judgment can not be impeached for a failure to sustain an error which was not assigned.</p> <p>5. Same—questions not raised in the trial court. Where the trial court is not called upon to rule as to the law of the case tried therein without a jury, as to the holding of propositions of law or the admission or exclusion of evidence, there will be no ground upon which this court can hol'd that any error was committed.</p>