Mixel v. Betz

Citations

• 168 Pa. 328
• 31 A. 1007
• 1895 Pa. LEXIS 798

Syllabus

<p>Practice, S. G. — Assignments of error — Evidence.</p> <p>The Supreme Court will not consider an assignment of error to the rejection of evidence, where the record shows that the exclusion of the evidence was not excepted to at the trial, and that no exception was after-wards allowed.</p> <p>Practice, O. P. — Charge of court — Review.</p> <p>Where no exception was taken at the trial to the admission or exclusion of evidence, and no error assigned to the instruction of the trial judge on any legal question, the Supreme Court will not reverse a judgment on a verdict for plaintiff because the trial judge said to the jury, “ Take the case then, and under the testimony given before you, and the law as you have heard it, about which there is no difference of opinion between counsel, render such a verdict as you believe will accord with the obligations you have assumed as jurors.”</p>