Leh v. Dutt

Citations

• 66 Pa. Super. 171
• 1917 Pa. Super. LEXIS 219

Syllabus

<p>Appeals — Theory on which case is tried below.</p> <p>A party will not be heard to question the correctness of the submission of a case where the court below has submitted it from the standpoint in which both parties to the issue manifestly tried it. The appellate court reviews only questions considered and determined in the court below.</p> <p>A litigant may not sit silent and take his chance of a verdict, and afterwards, if it is adverse, complain of a matter which would have immediately been corrected at the time of trial.</p> <p>Appeals — Assignment of errors — Charge—Admission or exclusion of testimony.</p> <p>Detached excerpts which do not give the completed thought of the trial judge áre not proper assignments of error, inasmuch as they are always misleading and unfair.</p> <p>Assignments of error to the admission or exclusion of testimony must quote the questions or offers, the objections thereto, and the ruling of the court thereon.</p> <p>When an offer of evidence contains relevant and irrelevant matters, and is made as a whole, the judge is not bound to separate the good from the bad, but may reject all.</p>