Hewlett v. Steele

Citations

• 2 Cal. Unrep. 157

Syllabus

<p>Appeal—Court’s Opinion not Part of Record.—A point urged on appeal, based upon the trial court’s opinion, which is no part of the record, will not be considered.</p> <p>Appeal—Point not Excepted to Below.—A point urged on appeal, as to which point no exception was taken at the trial, will not be considered.</p> <p>Evidence—Hearsay.—Evidence of a Conversation had in a room where plaintiff was at the time need not be excluded as hearsay, if it is left to the jury to determine whether the plaintiff heard it.</p> <p>Evidence.—Oral Testimony of the Contents of a Letter may</p> <p>be stricken out.</p> <p>Witness—Examination, Control of by Court.—The trial court’s discretion in preventing frequent repetitions of the same question to a witness and in restricting cross-examination is to be upheld, if not abused.</p> <p>Evidence—Objections.—To Make Them Matters of Appeal, questions put to a witness by the trial court must be objected to at the time.</p>